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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

UNIV. OF MO COLLEGE PARK 



3 1M3D DMM32M3fl M 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS Members and Sloan Foundation 



http://archive.org/details/ordinances97balt 



Ordinances and Resolutions 



of the 



Mayor and City Council 



of Baltimore 



Passed at the Annual Session 1996-1997 




Published by 

Baltimore City Department of Legislative Reference 

Avery Aisenstark, Director 

Nancy Boyd Ray, Legislative Editor 

Maryland Cole, Staff Attorney 



Mayor and City Council of Baltimore 
Department of Legislative Reference 



Copyright © 1998 

The Mayor and City Council of Baltimore 
Department of Legislative Reference 



Explanation of symbology 

Capitals indicate matter added to existing law. 
[Brackets] indicate matter deleted from existing law. 
Underlining indicates matter added to the bill by amendment. 
Strike out indicates matter stricken from the bill 

by amendment or deleted from existing law by amendment. 
Underlined italics indicate matter added to the bill by 

amendment after printing for third reading. 



Ordinances 

Passed at the Annual Session 

1996-1997 



City of Baltimore 

Ordinance 96-092 

Council Bill 204 

An Ordinance Concerning 

Zoning - Planned Unit Development - Wyndholme Village 

FOR the purpose of approving the application of Lancelotta and Associates, 
Inc., owner or contract purchaser of three parcels of land known as 
5241 Frederick Avenue, 5205 Frederick Avenue, and 100 South Rock 
Glen Road, together consisting of 32 acres, more or less, and the 
intended purchaser of a city-owned property consisting of 1.3 acres 
known as Lot 18/53. Block 8139J. as outlined in the accompanying 
Development Plan, "Wyndholme Village Planned Unit Development", 
dated June 7 September 6 , 1996, to designate Wyndholme Village as a 
Residential Planned Unit Development in accordance with Sections 
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended); and approving the Development 
Plan submitted by Lancelotta and Associates, Inc. 

By authority of 

Article 30 - Zoning 

Section 12.0-1 and 12.0-2 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas, Lancelotta and Associates, Inc. ("Owner") is the owner or 
contract purchaser of three properties, totaling 32 acres, more or less, and 
the intended purchaser of a city-owned property consisting of 1 .3 acres 
known as Lot 18/53. Block 8139J. on or near the 5200 block of Frederick 
Avenue; and 

Whereas, The Owner proposes to consolidate these properties and 
develop an adult village for the deaf community, to be known as 
Wyndholme Village; and 



Ord. 96-092 1 996- 1 997 SESSION 



Whereas, The Owner desires to maintain as much of the properties' 
natural characteristics as possible and concentrate development in a portion 
of 5241 Frederick Avenue, and this can best be achieved with a Planned 
Unit Development; and 

Whereas, On May 31, 1996, representatives of Lancelotta and 
Associates, Inc. met with representatives of the Department of Planning of 
Baltimore City to hold a pre-petition conference to explain the scope and 
nature of the existing and proposed development on the property and to 
institute proceedings to have the property designated a Planned Unit 
Development; and 

Whereas, Lancelotta and Associates, Inc. hereby makes formal 
application to the City Council of Baltimore City for designation of the 
property as a Planned Unit Development, and together herewith has 
submitted the requisite Development Plan entitled "Wyndholme Village 
Planned Unit Development" consisting of "Context Map", "Illustrative Site 
Plan". "Schematic Grading and Utilities". "Preliminary Forest Conservation 
Plan", and "Phasing Plan", all dated September 6. 1996 dated June 7, 1996 , 
intended to satisfy the requirements of Sections 12.0-1 and 
12.0-2 of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended); and 

Whereas, Lancelotta and Associates, Inc., in requesting the 
introduction of this Bill, signifies its intention to implement, execute, 
substantially complete, and maintain the development of the property in 
accordance with the Development Plan and the provisions hereof; now, 
therefore 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the application of Lancelotta and Associates, Inc. 
concerning the properties known as 5241 Frederick Avenue, 5205 Frederick 
Avenue, and 100 South Rock Glen Road, said properties consisting of 32 
acres, more or less, and the intended purchaser of a city-owned property 
consisting of 1.3 acres known as Lot 18/53. Block 8139J, as outlined in the 
accompanying Development Plan entitled "Wyndholme Village Planned 
Unit Development" consisting of "Context Map", "Illustrative Site Plan". 
"Schematic Grading and Utilities". "Preliminary Forest Conservation Plan", 
and "Phasing Plan", all dated September 6, 1996 dated June 7, 1996 , to 



1 996- 1 997 Session Ord. 96-092 



designate said properties as a Planned Unit Development pursuant to Article 
30, Sections 12.0-1 and 12.0-2 of the Baltimore City Code (1983 
Replacement Volume, as amended), be and it is hereby approved. 

Section 2. And be it further ordained, That the Development 
Plan submitted by Lancelotta and Associates, Inc., entitled "Wyndholme 
Village Planned Unit Development" dated June 7, 1996, be and it is hereby 
approved and made a part hereof. 

Section 3. And be it further ordained, That the following uses are 
permitted within the Planned Unit Development: 

1 . Housing for the Elderly/Handicapped 

2. Uses permitted in the B-l Neighborhood Business District 
intended to be accessory and for the convenience of residents of 
the Planned Unit Development 

3. Outdoor seating in connection with commercial uses 

4. Hotel/conference center , the hotel having no more than 90 rooms 
and the conference center being an accessory use for the 
residents of the Planned Unit Development 

5. Convalescent, nursing and rest homes 

6. Family day care homes for children or adults 

7. Group day care centers for children or adults 

8. Security and management offices for the Development 

9. A rooming house for no more than 12 persons 

10. An elementary school 

Section 4. And be it further ordained, That subsequent to the 
passage of this ordinance by the City Council, the Planning Department 
shall make the determination between minor and major amendments or 
modifications to the Plan. Any changes determined to be minor shall 
require approval by the Planning Commission. Major amendments shall 
require approval by ordinance. 

Section 5. And be it further ordained, That subsequent the 
passage of this ordinance by the City Council, all plans for construction of 
permanent improvements upon the property shall be reviewed and approved 
by the Planning Commission to insure that such plans are consistent with 
the Development Plan and this ordinance. 



Ord. 96-093 1 996- 1 997 Session 



Section 6. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of the 
Development Plan that is a part hereof and in order to give notice to the 
departments that are administering the Zoning Ordinance, the President of 
the City Council shall sign the Development Plan, and when the Mayor 
approves this ordinance, he shall sign the Development Plan. The Director 
of Finance shall then transmit a copy of this ordinance and the Development 
Plan to the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 7. And be it further ordained, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved December 5, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-093 

Council Bill 211 

An Ordinance Concerning 

Downtown Management District and 
Downtown Management District Authority 

FOR the purpose of amending Ordinance 57, approved June 29, 1992, by 
authorizing the Authority to undertake certain long-term debts, 
contracts, and other obligations with the approval of the Board of 
Estimates and subject to certain conditions ; modifying certain 
provisions governing the calculation, assessment, collection, and 
disbursement of the supplemental tax; providing for a process by which 
the Authority and the City would cooperate on a comprehensive 
sidewalk repair program; providing for the Authority's continuation in 
existence after non-renewal under certain circumstances; correcting 
references; and generally relating to the Downtown Management 
District and Downtown Management District Authority. 



1 996- 1 997 Session Ord. 96-093 



BY repealing and reordaining with amendments 
Ordinance 57, approved June 29, 1992 
Section 2, 5(f), 6(j), 8(a), 8(b), 8(d), 8(g)(1), 12(b) 

By adding 

Ordinance 57, approved June 29. 1992 
Section 8(h) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sections 2, 5(f), 6(j), 8(a), 8(b), 8(d), 8(g)(1), and 12(b) 
of Ordinance No. 57, approved June 29, 1992. are h e r e by r e p e al e d and 
reordained to the Laws of Baltimore City read as follows: 

Ordinance 57, approved June 29, 1992 

Sec. 2. And be it further ordained, That pursuant to the 
Enabling Legislation, and within boundaries that are authorized by such 
laws, there is hereby created a district to be known as the "Downtown 
Management District" (hereinafter referred to as the "District"), within 
the boundaries set forth on Exhibit A AND EXHIBIT A-l to this ordinance 
(which is- ARE part hereof). 

Sec. 5. And be it further ordained, That except as limited 
by the Enabling Legislation and this ordinance, the Authority shall 
possess the following powers: 

(f) to borrow funds for purposes consistent with the public 
purposes of the Authority, provided THAT UNLESS SPECIFIC APPROVAL IS 
provided by the Board of Estimates, no borrowing shall be for a 
term beyond the date for renewal of the District under Sec. 12 of this 
Ordinance; 

Sec. 6. And be it further ordained, That the Authority 
shall be subject to the following limitations: 

(j) Notwithstanding any other provisions of this Ordinance, 
unless specifically approved by the Board of Estimates, no borrowing, 
leasing, contracting, or other agreement or obligation 



Ord. 96-093 1 996- 1 997 Session 



shall be for a term beyond the date for renewal of the District under 
Sec. 12 of this Ordinance. 

Sec. 8. And be it further ordained, That the fiscal affairs 
of the Authority shall be conducted in accordance with the following 
provisions: 

(a) Financial Plan : The Board shall adopt an annual financial 
plan (the "Financial Plan"), based on the City's fiscal year, which at the 
time of the passage of this ordinance is July 1 through June 30, 
consisting of at least (i) a proposed schedule of taxes or charges to be 
imposed throughout the District, and (ii) in the first Financial Plan 
submitted, a budget for the current fiscal year of the City and in 
Financial Plans for each fiscal year after the year of approval of this 
ordinance, a budget for the full fiscal year. The Financial Plan shall be 
subject to the approval of the Board of Estimates in accordance with the 
procedures set forth in this ordinance. 

The initial budget for the Authority shall include all of the fiscal 
year ending on June 30, 1993 (THE "INITIAL FISCAL YEAR"), and may 
include the costs of preparing the Financial Plan and implementing the 
Authority and the District, so long as such costs were incurred during 
that fiscal year. In the event that the Authority is not implemented as a 
result of the operation of Section 1 1 of this ordinance, neither the 
Authority nor the District, nor the City, shall have any liability for costs 
incurred prior to the initiation of operations, whether or not incurred by 
the Administrator or on behalf of the District or the Authority. 

Before adopting the Financial Plan, the Board of the Authority shall 
arrange for a public hearing to be held on the Financial Plan. Such 
hearing shall not occur any sooner than after notice of such hearing has 
been published in a newspaper of general circulation in Baltimore City 
at least once a week for three consecutive weeks. 

The Authority may not approve a Financial Plan that includes taxes 
or charges in excess of those approved by the Board of Estimates. 

(b) Supplemental Tax : [The] A PORTION OF THE funding for 
the operation of the Authority shall be provided by a supplemental 



1 996- 1 997 Session Ord. 96-093 



annual property tax, levied on all properties subject to real property 
taxation, unless exempt under this ordinance, the Enabling Legislation 
or other applicable laws (the "Supplemental Tax"). The Supplemental 
Tax shall be assessed and collected in conjunction with the property 
taxes assessed and collected by the city ("Regular Tax"), unless 
otherwise established by the Board and approved by the Board of 
Estimates. Enforcement of the Supplemental Tax shall be in 
accordance with the enforcement of the Regular Tax and all provisions 
applicable to the assessment, collection, enforcement and refunding of 
the Regular Tax shall apply to the Supplemental Tax unless modified 
herein. The Supplemental Tax shall be further subject to the following 
limitations: 

(i) The rate of the Supplemental Tax FOR THE INITIAL 
FISCAL YEAR shall [initially] be that amount (the "INITIAL Base Rate") 
required to generate $1,700,000 in revenues for a full budget year from 
properties subject to the Supplemental Tax (the "Initial Base Budget"). 

(ii) For any year after the [initial budget year] INITIAL 
FISCAL YEAR, the [Base Rate] RATE of the Supplemental Tax [shall not] 
MAY be increased [unless required] to generate revenues equal to the 
"Adjusted Base Budget", which is the Initial Base Budget plus [an] 
A CUMULATIVE annual increase in the INITIAL Base Budget equal to five 
percent (5%)[, and] OF THE INITIAL BASE BUDGET FOR EACH YEAR 
AFTER THE INITIAL FISCAL YEAR, BUT shall" be subject to the further 
limitations set forth below: 

A. Any increase in the rate of the Supplemental Tax 
must be approved by a majority of the Board members that are property 
owner representatives for purposes of Section 7(c)(vi). 

B. The rate of the Supplemental Tax shall not at any 
time exceed THE THEN current equivalent of a limitation on 
March, 1992 OF thirty cents per one hundred dollars of assessed value. 
This limitation shall be adjusted for any increases in the cost-of-living, 
using standards approved by the Board [of Estimates, but in no event by 
more than], UP TO A MAXIMUM COST OF LIVING ADJUSTMENT of five 
percent from the prior year. THIS CLAUSE (B) LIMITATION SHALL NOT 
APPLY TO ANY PORTION OF THE SUPPLEMENTAL TAX IMPOSED TO RETIRE 



Ord. 96-093 1 996- 1 997 Session 



obligations ("approved debt service") incurred with the 
approval of the board of estimates under section 5(f) and 
Section 6(j) Sections 5(f), 60), and 8(h) of this Ordinance. 

[C. Except to the extent required to maintain the Base 
Budget, the rate of the Supplemental Tax shall not at any time increase 
from any one year to the next year by more than five percent.] 

C. Any increase in the rate of the supplemental 
tax above that amount required to fund the adjusted base 
Budget and to pay approved debt service shall be limited from 
any one year to the next year to a maximum of five percent. 

(iii) Properties within the District subject to the 
Supplemental Tax shall not be required to pay any other charges or fees 
for services generally provided within the District by the Authority; 
however, the Authority may impose charges and fees for any special 
services requested by and performed for one or more property owners. 

(d) Baseline Services : Prior to imposing and collecting the 
Supplemental Tax authorized by this ordinance, the Authority shall 
enter into a memorandum of understanding with the Mayor of the City 
regarding the level of services to be maintained by the City as the City's 
partnership obligation to the Authority and the District's taxpayers. 
Such a memorandum shall describe the existing levels of service within 
the District, shall commit the City to the maintenance of such levels of 
service, and shall outline the further undertakings of the City in 
response to the initiative represented by the creation of the District (the 
"Baseline PLUS"). IN ADDITION, THE CITY MAY INCLUDE IN THE 
MEMORANDUM A PROCESS BY WHICH THE AUTHORITY AND THE ClTY 
SHALL COOPERATE ON A COMPREHENSIVE SIDEWALK REPAIR PROGRAM, 
WHICH SHALL INCLUDE THE ISSUING OF NOTICES BY THE ClTY RELATING 
TO FOOTWAYS REQUIRING REPAIR, REPAVING, OR REGRADING, AND THE 
ARRANGING FOR REPAIRS TO BE MADE BY THE AUTHORITY, WITH THE 
ENFORCEMENT SUPPORT OF ClTY ASSESSMENTS, WHERE APPROPRIATE. 
The maintenance of existing services shall be governed by two 
principles: 



1 996- 1 997 Session Ord. 96-093 



(i) No decrease in such services shall occur except as part 
of an overall decrease in services necessitated by changes in funding, 
policy or resources, and then only in proportion to the decreases 
implemented elsewhere in the city. 

(ii) Any increase in such services generally throughout the 
city shall be matched with increases in such services within the District, 
in proportion to the increases implemented elsewhere in the city. 

(g) Collection and Disbursement : 

(i) The Department of Finance of the City is authorized to 
collect the Supplemental Tax and such other charges as are approved by 
the Board of Estimates. The assessment for the Supplemental Tax may 
be included with the [annual] PERIODIC real property tax bill submitted 
to the owners of properties within the District. The penalties and 
interest applicable to delinquent taxes shall be applied to delinquencies 
in payment of the Supplemental Tax. The Department of Finance shall 
make regular remittances of the amounts collected to the Board of the 
Authority. 

(h) Financing plan: Any borrowing by the Authority 
that is intended to survive beyond the next date for renewal of 
the District ("long-term debt") is subject to the following 
conditions: 

(i) the aggregate amount of long-term debt 
outstanding at any one time may not exceed $2.000.000. 

(ii) no long-term debt may be issued by the 
Authority until after a financing plan has been presented for 
review and approval by the board, the department of finance 
of the City, and the Board of Estimates of the City. Each 
financing plan shall provide information on the use of the 
proceeds of the long-term debt, the anticipated term of the 
obligations, the annual maximum debt service anticipated for 
the long-term debt, and the means by which the long-term debt 
will be retired if a terminating event described in section 1 2 
occurs. in addition. the plan shall consider the operation and 



Ord. 96-093 1 996- 1 997 Session 



maintenance costs of any improvements funded with the long- 
term debt and the means by which those expenses will be paid. 

(ill) before submitting a financing plan for approval 
under clause (ii) above, the authority shall. after notice to 
all taxpayers in the district, hold a public hearing at which 
the plan is presented. 

(iv) no financing plan may be submitted and no long- 
term debt may be approved if the current and projected 
payments for the sum of (a) debt service on the long-term debt 
and (b) any other debt having a maturity in excess of one year. 
in any year exceed 1 0% of the revenues of the authority. 

(v) no long-term debt may be issued and sold to the 
general public or to other than institutional investors, 
lending institutions. and other sophisticated purchasers of 
debt obligations. 

(vi) capital projects for which both clty funds and 
long-term debt proceeds are to be used must be approved in 
accordance with applicable requirements, including. but not 
limited to, approval in the capital budget and the ordinance of 
Estimates. 

Sec. 12. And be it further ordained, That the Authority and 
the District shall be subject to the following provisions regarding 
renewal and expiration: 

(b) Expiration : In the event that the District and the Authority 
are either not approved through the process described in Sec. 1 1 of this 
Ordinance, or are renewed as provided above, the Authority shall cease 
its operations, and the District shall cease to exist, with the end of the 
fiscal year of the City in which such terminating event occurs. The 
Authority shall continue its existence only so long as is necessary to 
terminate operations in a reasonable fashion , TO RETIRE ANY DEBT 
INCURRED WITH THE SPECIFIC APPROVAL OF THE BOARD OF ESTIMATES 
THAT MATURES BEYOND A RENEWAL DATE, and to AND SHALL INCLUDE, 
AS PART OF THE FINANCING PLAN REQUIRED BY SECTION 8(H), A 



10 



1 996- 1 997 Session Ord. 96-094 



MECHANISM BY WHICH LONG-TERM DEBT CAN BE RETIRED IF A 
TERMINATING EVENT OCCURS. IN ADDITION, THE AUTHORITY SHALL 
arrange for the refunding of all funds not needed to satisfy outstanding 
obligations and reserves for uncertain obligations and liabilities. 

Section 2. And be it further ordained, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved December 1 0, 1 996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-094 

Council Bill 9 

An Ordinance Concerning 

Rezoning — 2413 Eastern Avenue 



FOR the purpose of changing the zoning for the property known as 2413 
Eastern Avenue from the M-l-2 Zoning District to the R-8 Zoning 
District. 

By amending Zoning District Maps 
Sheet No. 57 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet No. 57 of the Zoning District Maps of Article 30- 
Zoning of the Baltimore City Code (1983 Replacement Volume, as 
amended) title "Zoning" be and it is hereby amended by changing from the 
M-l-2 Zoning District to the R-8 Zoning District the property known as 
2413 Eastern Avenue, as outlined in red on the plat accompanying this 
ordinance. 

Sec. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of the plat 



11 



Ord. 96-095 1 996- 1 997 Session 



which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take 
effect on the 30th day after the date of its enactment. 

Approved December 12, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-095 

Council Bill 119 

An Ordinance Concerning 

Rezoning — 729 , 737-745, and 
801-821/23 E. Fort Avenue and 1500-1552 Boyle Street 

FOR the purpose of changing the zoning for the prop e rty properties known 
as 729 , 737-745, and 801-821/23 E. Fort Avenue from the M-2-2 
Zoning District to the B-2-2 Zoning District and for the properties 
known as 1500-1552 Boyle Street from the M-2-2 Zoning District to the 
R-8 Zoning District . 

BY amending Zoning District Maps 
Sheet No. 66 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet No. 66 of the Zoning District Maps of Article 30- 
Zoning of the Baltimore City Code (1983 Replacement Volume, as 



12 



1 996- 1 997 Session Ord. 96-096 



amended) title "Zoning" be and it is hereby amended by changing from the 
M-2-2 Zoning District to the B-2-2 Zoning District the prop e rty properties 
known as 729 . 737-745, and 801-821/23 E. Fort Avenue, as outlined in red 
on the plat accompanying this ordinance , and from the M-2-2 Zoning 
District to the R-8 Zoning District the properties known as 1500-1552 Boyle 
Street, as outlined in yellow on the plat accompanying this ordinance . 

Sec. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take 
effect on the 30th day after the date of its enactment. 

Approved December 12, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-096 

Council Bill 207 



An Ordinance Concerning 

Zoning — Planned Unit Development — Lighthouse Point 

FOR the purpose of approving the application of East Harbor Marine 

Center, L.L.C, owner of four (4) parcels of land known as 2701 Boston 
Street, 1222 South Lakewood Avenue, and 1210 South Lakewood 
Avenue (which consists of two parcels) and two (2) riparian rights 
parcels located in Baltimore City on the southwest side of Boston Street 
known as 271 1 and 2727 Boston Street, all consisting of 1 1.263 acres of 



Ord. 96-096 1996-1997 Session 



fast land, more or less, together with a pier containing approximately 
one acre, and together with the riparian area adjacent thereto, consisting 
of 19.990 acres of riparian rights, more or less (the "Property"), to 
amend Ordinance 572, approved June 15, 1995, which approved the 
designation of the Lighthouse Point Planned Unit Development, to 
authorize the construction of townhouse residential units above a 
certain building and to increase the height limitation for the apartment 
and townhouse residential units that may be constructed above that 
building; and providing for a special effective date. 

By authority of 

Article 30 - Zoning 

Section 12.0-1 and 12.0-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas, Ordinance 572, approved June 15, 1995, replacing 
Ordinance 1 169, approved December 7, 1987, and Ordinance 413, 
approved December 11, 1989, designated four (4) parcels of land known as 
2701 Boston Street, 1222 South Lake wood Avenue, and 1210 South 
Lakewood Avenue (which consists of two parcels) and two (2) riparian 
rights parcels located in Baltimore City on the Southwest side of Boston 
Street known as 271 1 and 2727 Boston Street, all consisting of 1 1.263 acres 
of fast land, more or less, together with a pier containing approximately one 
acre, and together with the riparian area adjacent thereto, consisting of 
19.990 acres of riparian rights, more or less, as the Lighthouse Point 
Planned Unit Development; and 

Whereas, On May 31,1 996, representatives of East Harbor Marine 
Center, L.L.C. met with representatives of the Department of Planning to 
hold a pre-petition conference to explain the scope and nature of the use and 
height provisions herein authorized; and 

Whereas, East Harbor Marine Center, L.L.C. hereby makes formal 
application to the City Council of Baltimore City and together herewith has 
submitted the requested text amendments; now, therefore 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sections 3(b)20 and 5(b) of Ordinance 572, approved 
June 15, 1995, are hereby repealed and reordained to read as follows: 



14 



1 996- 1 997 Session Ord. 96-097 



"Sec. 3. And be it further ordained, That in accordance with 
the provisions of Section 12.0-4(a), the following uses are permitted 
within the Planned Unit Development: 

(b) In addition: 

20. Eighty apartment units OR Townhouse residential 
UNITS to be constructed above the building designated on the 
Development Plan for high and dry storage, with a TOTAL height 
limitation of [72] 79 feet. 

Sec. 5. And be it further ordained, That. 

(b) The maximum height of the buildings on the Property shall 
be as set forth on the Development Plan; however, with the exception 

OF THE HEIGHT LIMITATION PROVIDED IN SECTION 3(B)20, no building 

shall exceed 72 feet in height.". 

Section 2. And be it further ordained, That this ordinance shall 
take effect on the date of its enactment. 

Approved December 12, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-097 

Council Bill 46 

An Ordinance concerning 

Zoning — Approval for Conditional Use 

Parking Lot in the Parking Lot District — 

309 301-315 N. Paca Street 

FOR the purpose of granting permission , subject to certain conditions, for 
the establishment, maintenance and operation of an open off-street 
parking area on the properties known as 509 301 -315 North Paca Street, 



15 



Ord. 96-097 1 996- 1 997 Session 



as outlined in red on the site plan dated February 23, 1996 
accompanying this ordinance. 

By authority of 

Article 30 - Zoning 

Section(s) 9.0-3d and 1 1.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted for the establishment, 
maintenance and operation of an open off-street parking area on the 
properties known as 309 301 -315 North Paca Street, as outlined in red on 
the site plan dated February 23, 1996 accompanying this ordinance, under 
the provisions of Section(s) 9.0-3d and 1 1.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended), titled 
"Zoning" , subject to the following conditions: 

(a) the design of the parking lot shall be as shown on the plans. 

dated February 23, 1996. accompanying this ordinance; 

(b) no general advertising signs are allowed on the premises; and 

(c) The only signage allowed on the premises is that shown on the 

plans, dated February 23. 1996, accompanying this ordinance . 

Sec. 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take 
effect on the 30th day after the date of its enactment. 



16 



1 996- 1 997 Session Ord. 96-098 



Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-098 

Council Bill 77 

An Ordinance Concerning 

City Property Sale — 2610 Keyworth Avenue 

FOR the purpose of authorizing the Mayor and City Council of of Baltimore 
to sell at either public or private sale all of the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of land situated at 
2610 Keyworth Avenue, Baltimore, Maryland, said parcel of land and 
improvements being no longer needed for public use. 

By authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Comptroller of Baltimore City be and she is hereby 
authorized to sell, at either public or private sale in accordance with Article 
V, Section 5(b) of the City Charter (1964 Revision, as amended), all of the 
interest of the Mayor and City Council of Baltimore in and to a certain 
parcel of land situated at 2610 Keyworth Avenue, Baltimore, Maryland, and 
described as follows: 

2610 Keyworth Avenue 

a 9018+ sq. foot parcel of 

land improved with a former Branch of 

the Enoch Pratt Free Library 

Said property being no longer needed for public use. 



17 



Ord. 96-099 1 996- 1 997 Session 



Sec. 2. And be it further ordained, That no deed or deeds shall 
pass in accordance herewith until the same shall have been approved by the 
City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take 
effect on the date of its enactment. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-099 

Council Bill 175 

An Ordinance Concerning 

Zoning — Approval for Conditional Use 
Drug Abuse Rehabilitation and Treatment Center 
516 508, 512, 514, and 516-524 Glenwood Avenue 

FOR the purpose of granting permission , subject to certain conditions, for 
the establishment, maintenance and operation of a drug abuse 
rehabilitation and treatment center on the property known as 546 508. 
512. 514. and 516-524 Glenwood Avenue, as outlined in red on the 
plats accompanying this ordinance, subject to the condition of 
continuing certification by the State of Maryland Drug Abuse 
Administration ; and providing for a special effective date . 

By authority of 

Article 30 - Zoning 
Sections 5.1-ld-7 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 
and 

Article 12 - Hospitals 
Section 1 
Baltimore City Code (1983 Replacement Volume, as amended) 



18 



1 996- 1 997 Session Ord. 96- 1 00 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is hereby granted for the establishment, 
maintenance and operation of a drug abuse rehabilitation and treatment 
center on the property known as 546 508, 512, 514. and 516-524 Glen wood 
Avenue, as outlined in red on the plats accompanying this ordinance, under 
the provisions of Sections 5.1-ld-7 and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended), titled 
"Zoning", and Section 1 of Article 12, titled "Hospitals" of the Baltimore 
City Code (1983 Replacement Volume, as amended), subject to the 
condition of continuing certification by the State of Maryland Drug Abuse 
Administration and to the condition that the phasing of the project be in 
accordance with the drawings, dated September 5, 1996, accompanying this 
ordinance . 

Section 2. And be it further ordained, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

Section 3. And be it further ordained, That this ordinance shall 
take effect on the 30th day after date of its enactment. 

Approved December 1 6, 1 996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-100 

Council Bill 224 

An Ordinance concerning 



19 



Ord. 96- 1 00 1 996- 1 997 Session 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $1,566,504 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $1,566,504 to the Health Department - 
Program 304 (Clinical Services), to provide funding for comprehensive 
medical services to HIV-infected individuals; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Health Resource Services Administration (Ryan White 1 Supplemental - 
1996 award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,566,504 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
comprehensive medical services to HIV-infected individuals. The source of 
revenue for this appropriation is the grant from the Health Resource 
Services Administration (Ryan White 1 Supplemental - 1 996 award) in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 



20 



996- 1 997 Session Ord. 96-101 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 96-101 

Council Bill 225 
An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $2,861,970 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $2,861,970 to the Health Department - 
Program 304 (Clinical Services), to provide funding for increased 
medical services to HIV-infected individuals in the Baltimore 
metropolitan area; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Health Resource Services Administration (Ryan White 1 Formula - 1996 
award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 



21 



ORD. 96- 1 02 1 996- 1 997 SESSION 



On September 1 1, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,861,970 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
increased medical services to HIV-infected individuals in the Baltimore 
metropolitan area. The source of revenue for this appropriation is the grant 
from the Health Resource Services Administration (Ryan White 1 Formula - 
1996 award) in excess of the amount from this source that was relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-102 

Council Bill 226 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $523,922 

For the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $523,922 to the Health Department 
Program 304 (Clinical Services), to provide funding for increased 
medical services to HIV-infected individuals in the Baltimore 
metropolitan area; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 



22 



1 996- 1 997 Session Ord. 96- 1 03 



Baltimore City Charter 
(1996 Edition) 



Recitals 



The revenue appropriated by this Ordinance represents a grant from the 
Health Resource Services Administration (Ryan White 1 Formula - 1995 
award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $523,922 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997. to provide funding for 
increased medical services to HIV-infected individuals in the Baltimore 
metropolitan area. The source of revenue for this appropriation is the grant 
from the Health Resource Services Administration (Ryan White 1 Formula - 
1995 award) in excess of the amount from this source that was relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L.Schmoke, Mayor 



City of Baltimore 

Ordinance 96-103 

Council Bill 227 



23 



Ord. 96- 1 03 1 996- 1 997 Session 



An Ordinance Concerning 

Supplementary Federal Fund Operating Appropriation - 
Health Department - $370,561 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $370,561 to the Health Department - 
Program 304 (Clinical Services), to provide funding for controlling and 
reducing the incidence of sexually transmitted diseases; and providing 
for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Centers for Disease Control (Federal Sexually Transmitted Diseases - 1995 
award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $370,561 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
controlling and reducing the incidence of sexually transmitted diseases. 
The source of revenue for this appropriation is the grant from the Centers 
for Disease Control (Federal Sexually Transmitted Diseases - 1995 award) 
in excess of the amount from this source that was relied on by the Board of 



24 



1 996- 1 997 Session Ord. 96- 1 04 



Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 1 6, 1 996 

Kurt. L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-104 

Council Bill 228 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $32,723 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $32,723 to the Health Department - 
Program 304 (Clinical Services), to provide funding for epidemiological 
investigations of HIV-infected and AIDS cases; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Department of Health and Mental Hygiene (Seroepidemiology - 1 996 
award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 



25 



Ord. 96- 1 05 1 996- 1 997 Session 



That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $32,723 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
epidemiological investigations of HIV-infected and AIDS cases. The 
source of revenue for this appropriation is the grant from the Department of 
Health and Mental Hygiene (Seroepidemiology - 1996 award) in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 






City of Baltimore 

Ordinance 96-105 

Council Bill 229 

An Ordinance Concerning 

Supplementary Federal Fund Operating Appropriation — 
Health Department — $85,815 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $85,815 to the Health Department - 
Program 304 (Clinical Services), to provide funding for on-site clinical 
care and patient outreach tuberculosis services in Baltimore City; and 
providing for a special effective date. 



26 



1 996- 1 997 Session Ord. 96- 1 05 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Centers for Disease Control (Federal Tuberculosis - 1995 award) in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11,1 996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $85,815 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
on-site clinical care and patient outreach tuberculosis services in Baltimore 
City. The source of revenue for this appropriation is the grant from the 
Centers for Disease Control (Federal Tuberculosis - 1995 award) in excess 
of the amount from this source that was relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



27 



Ord. 96- 1 06 1 996- 1 997 Session 



City of Baltimore 

Ordinance 96-106 

Council Bill 230 

An Ordinance Concerning 

Supplementary Federal Fund Operating Appropriation — 
Health Department — $437,424 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $437,424 to the Health Department - 
Program 304 (Clinical Services), to provide funding for comprehensive 
outpatient health and support services for HIV-infected individuals; and 
providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Department of Health and Mental Hygiene (Ryan White II Consortia - 1 996 
award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $437,424 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 



28 



996- 1 997 Session Ord. 96- 1 07 



comprehensive outpatient health and support services for HIV-infected 
individuals. The source of revenue for this appropriation is the grant from 
the Department of Health and Mental Hygiene (Ryan White II Consortia - 
1996 award) in excess of the amount from this source that was relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-107 

Council Bill 231 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $916,629 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $916,629 to the Health Department 
Program 303 (Special Purpose Grants), to provide funding for 
renovations to a homeless veteran facility located at 301-329 North 
High Street; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 



29 



Ord. 96- 1 08 1 996- 1 997 Session 



The revenue appropriated by this Ordinance represents a grant from the 
Maryland Department of Human Resources (Veterans Affairs Homeless 
Providers - 1996 award) in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $916,629 shall be made available to the Health 
Department - Program 303 (Special Purpose Grants) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for renovations to a homeless veteran facility located at 301-329 
North High Street. The source of revenue for this appropriation is the grant 
from the Maryland Department of Human Resources (Veterans Affairs 
Homeless Providers - 1 996 award) in excess of the amount from this source 
that was relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-108 

Council Bill 232 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation 
Health Department — $1,735,593 



30 



1 996- 1 997 Session Ord. 96- 1 08 



For the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $1,735,593 to the Health Department - 
Program 307 (Mental Health Services), to provide funding for mental 
health services for the East Baltimore Partnership project; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Department of Health and Mental Hygiene (East Baltimore Partnership - 
1996 award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,735,593 shall be made available to the Health 
Department - Program 307 (Mental Health Services) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for mental health services for the East Baltimore Partnership 
project. The source of revenue for this appropriation is the grant from the 
Department of Health and Mental Hygiene (East Baltimore Partnership - 
1 996 award) in excess of the amount from this source that was relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



31 



Ord. 96- 1 09 1 996- 1 997 Session 



Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-109 

Council Bill 233 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $3,700,000 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $3,700,000 to the Health Department - 
Program 305 (Maternal and Infant Services), to provide funding for lead 
paint abatement services; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
United State Department of Housing and Urban Development (Lead-Based 
Paint Abatement - 1996 award) in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1 997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 



32 



1 996- 1 997 Session Ord. 96- 1 1 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,700,000 shall be made available to the Health 
Department - Program 305 (Maternal and Infant Services) as a 
Supplementary Federal Fund Operating Appropriation for Fiscal Year 1997, 
to provide funding for lead paint abatement services. The source of revenue 
for this appropriation is the grant from the United States Department of 
Housing and Urban Development (Lead-Based Paint Abatement - 1996 
award) in excess of the amount from this source that was relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-110 

Council Bill 234 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $3,000,000 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $3,000,000 to the Health Department - 
Program 303 (Special Purpose Grants), to provide funding to develop a 
continuing care system for the homeless; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 



33 



Ord. 96- 1 1 1 1 996- 1 997 Session 



Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Maryland Department of Human Resources (Supportive Housing Program - 
1996 award) in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,000,000 shall be made available to the Health 
Department - Program 303 (Special Purpose Grants) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding to develop a continuing care system for the homeless. The source 
of revenue for this appropriation is the grant from the Maryland Department 
of Human Resources (Supportive Housing Program - 1996 award) in excess 
of the amount from this source that was relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-111 

Council Bill 235 

An Ordinance Concerning 



34 



1 996- 1 997 Session Ord. 96-111 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $392,031 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $392,031 to the Health Department - 
Program 304 (Clinical Services), to provide funding for health 
education strategies to stop the spread of HTV7AIDS; and providing for 
a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Department of Health and Mental Hygiene (Health Education/Risk 
Reduction - 1996 award) in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $392,031 shall be made available to the Health 
Department - Program 304 (Clinical Services) as a Supplementary Federal 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
health education strategies to stop the spread of HTV/AIDS. The source of 
revenue for this appropriation is the grant from the Department of Health 
and Mental Hygiene (Health Education/Risk Reduction - 1 996 award) in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 



35 



Ord. 96- 1 1 2 1 996- 1 997 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-112 

City of Baltimore 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Health Department — $2,000,000 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $2,000,000 to the Health Department - 
Program 303 (Special Purpose Grants), to provide funding for rental 
assistance to homeless individuals with AIDS, mental illness, and 
substance abuse disabilities; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Maryland Department of Human Resources (NOVA Shelter Plus Care 
Program - 1996 award) in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1 997 was formulated. 



36 



1 996- 1 997 Session Ord. 96- 1 1 3 



On September 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,000,000 shall be made available to the Health 
Department - Program 303 (Special Purpose Grants) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for rental assistance to homeless individuals with AIDS, mental 
illness, and substance abuse disabilities. The source of revenue for this 
appropriation is the grant from the Maryland Department of Human 
Resources (NOVA Shelter Plus Care Program - 1 996 award) in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltlmore 

Ordinance 96-113 

Council Bill 239 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Public Works — $1,700,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $1,700,000 to the Department of Public 
Works - Program 193 (General Services), to provide funding to 
eliminate Fiscal 1996 over expenditure; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 



37 



Ord. 96-113 1 996- 1 997 Session 



Section 2(h)(3) 
Baltimore City Charter 
(1964 Revision, as amended) 

and 
Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Fiscal 1 996 special reserve account in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1 996. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1996 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 996 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 4, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,700,000 shall be made available to the Department of 
Public Works - Program 193 (General Services) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1 996, to provide 
funding to eliminate Fiscal 1996 over expenditure. The source of revenue 
for this appropriation is the Fiscal 1996 special reserve account in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1996. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



38 



1 996- 1 997 Session Ord. 96-114 



Approved December 1 6, 1 996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-114 

Council Bill 261 

An Ordinance Concerning 

Zoning — Conditional Use Pawnshop 
3438 3400-3448 Annapolis Road 



FOR the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a pawnshop on the 
property known as 3438 3400-3448 Annapolis Road, as outlined in red 
on the accompanying plat. 

By authority of 

Article 30 - Zoning 
Section(s) 6.3-ld-20 and 1 1.0-6d 
Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 
(As amended by Ordinance 1, approved March 21, 1996, and by 
Ordinance 3, approved March 25, 1996) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a pawnshop on the property known as 3438 
3400-3448 Annapolis Road, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 6.3-ld-20 and 1 1.0-6d of 
the Baltimore City Code, conditioned on compliance with subject to the 
following conditions: 

(a) the pawnshop may not exceed 2.420 square feet; 

(b) no firearm may be sold on or from the premises; and 



39 



Ord. 96- 1 1 5 1 996- 1 997 Session 



(c) all applicable federal, state, and local licensing or certification 
requirements shall be complied with . 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 1 6, 1 996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 96-115 

Council Bill 304 

An Ordinance Concerning 

Industrial Development Revenue Refunding Bonds 

(Garamond/Pridemark Press, Inc. Project) 

$1,715,000 

FOR the purpose of authorizing and empowering the Mayor and City 

Council of Baltimore (the "City") to issue, sell and deliver, at any time 
or from time to time in one or more series, as limited obligations of the 
City and not upon its full faith and credit, its industrial development 
revenue refunding bonds, to be designated "Mayor and City Council of 
Baltimore Tax-Exempt Adjustable Mode Industrial Development 
Revenue Refunding Bonds (Garamond/Pridemark Press, Inc. Project) 
Series 1996" in the aggregate principal amount not to exceed 



40 



1 996- 1 997 Session Ord. 96- 1 1 5 



$1,715,000 (the "Bonds"), pursuant to Sections 14-101 to 14-109 
inclusive, of Article 41 of the Annotated Code of Maryland (1993 
Replacement Volume, 1996 Supplement), as amended (the "Act") for 
the sole and exclusive purpose of refinancing the costs in connection 
with the acquisition, improvement and renovation of the property 
situate at 2717 Wilmarco Street, Baltimore, Maryland, and certain 
improvements and equipment in connection therewith (the "Project"), 
owned and operated by Garamond/Pridemark Press, Inc., a Maryland 
corporation (the "Borrower" and the "Facility User") and operated as a 
commercial printing facility by refunding the Mayor and City Council 
of Baltimore $1,715,000 Floating Rate Demand Revenue Refunding 
Bond (Garamond/Pridemark Press, Inc. Project) Series 1991 (the "Prior 
Bonds"); authorizing the Mayor of the City to accept, on behalf of the 
City, a letter of intent to the City from the Borrower dated November 
15, 1996; providing that such Bonds (a) shall be payable solely from 
revenue derived by the City in connection with the refinancing of the 
Project and the refunding of the Prior Bonds, including, without 
limitation, loan repayments (both principal and interest) made for the 
account of the City by the Borrower, and (b) shall not ever constitute, 
within the meaning of any statutory limitation, constitutional provision 
or otherwise, (i) an indebtedness of the City or (ii) a charge against the 
general credit or taxing powers of the City; providing for the issuance of 
such Bonds; making certain legislative findings; authorizing and 
empowering the Mayor of the City, prior to the issuance, sale and 
delivery of the Bonds, by Executive Order or otherwise, to (a) specify, 
prescribe, determine, provide for or approve certain details, forms, 
documents or procedures in connection with the Bonds issued 
hereunder and (b) do any and all things necessary, proper or expedient 
in connection with the issuance and sale of the Bonds; and generally 
providing for and determining various matters and details in connection 
with the authorization, issuance, security, sale and payment of the 
Bonds. 

Recitals 

Sections 14-101 through 14-109, inclusive, of Article 41 of the 
Annotated Code of Maryland (1993 Replacement Volume, 1996 
Supplement), the Maryland Economic Development Revenue Bond Act, as 
amended (the "Act"), empowers all the counties and municipalities of the 



41 



Ord. 96-115 1 996- 1 997 Session 



State of Maryland (the "State") to issue and sell revenue bonds as limited 
obligations and not upon their faith and credit or pledge of their taxing 
power, at any time and from time to time, for the purposes of financing or 
refinancing the acquisition by a facility user of any facility (all as defined in 
the Act). The Act declares it to be its legislative purpose to relieve 
conditions of unemployment in the State, to encourage the increase of 
industry and commerce and a balanced economy in the State, to assist in the 
retention of existing industry and commerce and in the attraction of new 
industry and commerce in the State through, among other things, port 
development and the control, reduction or abatement of pollution of the 
environment and the utilization and disposal of wastes (where the proceeds 
of such bonds are used for such purpose), to promote economic 
development, to protect natural resources and encourage resource recovery 
and, generally, to promote the health, welfare and safety of the residents of 
each of the counties and municipalities of the State. 

On May 12, 1988 the Mayor and City Council of Baltimore, a body 
politic and corporate and a political subdivision of the State of Maryland 
(the "City") issued and sold its $965,000 Industrial Development Revenue 
Refunding Bonds (Garamond/Pridemark Press, Inc. Project) Series 1988 
(the "Construction Refunding Bonds") which were issued to refund the 
City's $1,300,000 Partially Insured MDDFA Loan to Mayor and City Council 
of Baltimore for the Benefit of Garamond/Pridemark Press, Inc. dated 
September 10, 1981 issued to finance the acquisition, construction and 
equipping of a commercial printing facility (the "Project") located in 
Baltimore City, Maryland. 

On December 13, 1988 the City issued and sold its $750,000 Industrial 
Development Revenue Refunding Bonds (Garamond/Pridemark Press, Inc. 
Project) Series 1988 (the "Equipment Refunding Bonds") which were issued 
to refund the City's $1,000,000 Economic Development Revenue Bonds 
(Silvers & Associates Project) 1985 Series (the "1985 Bonds") dated 
October 16, 1985 to finance the cost of the acquisition of certain equipment 
for the Project. On February 29, 1988, Garamond/Pridemark Press, Inc. 
(the "Borrower") assumed the obligations of Silvers & Associates under the 
1985 Bonds. 

On December 2, 1991, the City issued and sold its $1,715,000 Floating 
Rate Demand Revenue Refunding Bond (Garamond/Pridemark Press, Inc. 



42 



1 996- 1 997 Session Ord. 96-115 



Project) Series 1991 (the "Prior Bonds") which were issued to consolidate 
and refund the Construction Refunding Bonds and the Equipment 
Refunding Bonds. 

The Project consists generally of the land, improvements and equipment 
located at 2717 Wilmarco Street in Baltimore City. The Project is owned 
and operated by the Borrower as a commercial printing facility and related 
activities. 

The City has received a letter of intent dated November 15, 1996 and 
attached application dated November 15, 1996 (the "Letter of Intent"), from 
the Borrower requesting the City to participate in the refinancing of the 
costs of the Project and the refunding of the Prior Bonds by the issuance and 
sale by the City of its revenue refunding bonds in an aggregate principal 
amount not to exceed $1,715,000 (the "Bonds"), pursuant to and in 
accordance with the Act. 

The City, based upon the findings and determinations set forth below, 
has determined to accept the Letter of Intent and to participate in the 
financing of the costs of the acquisition of the Project by the issuance, sale 
and delivery, at one time or from time to time and in one or more series, of 
the Bonds in an aggregate principal amount not to exceed $1,715,000 and 
by making available the proceeds of the Bonds to the Borrower for the 
refinancing of the Project and the refunding of the Prior Bonds, subject to 
the terms and conditions of a financing agreement (the "Financing 
Agreement"), as permitted by the Act. 

The Financing Agreement to be entered in connection with the issuance 
of the Bonds will require the Borrower to make payments or cause payments 
to be made which will be sufficient to enable the City to pay the principal of 
and interest and premium, if any, on the Bonds when and as the same shall 
become due and payable. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

Section 1. Be it resolved by the Mayor and City Council of 
Baltimore, That the words and terms used in this Resolution that are 
defined in the Act shall have the meanings indicated in the Act, unless the 
context clearly requires a contrary meaning. 



43 



Ord. 96- 1 1 5 1 996- 1 997 Session 



Section 2. And be it further resolved, That acting pursuant to 
the Act, it is hereby found and determined as follows: 

(1) The Borrower is a "facility applicant" and a "facility user" 
within the meaning of the Act, and the Project is a "facility" within the 
meaning of the Act. 

(2) The issuance and sale of the Bonds by the City, pursuant to the 
Act, in order to lend the proceeds thereof to the Borrower for the sole and 
exclusive purpose of refunding the Prior Bonds will facilitate and expedite 
the refinancing of the Project by the Borrower. 

(3) The refinancing of the Project by the Borrower as provided in 
this Resolution will serve to promote the general purposes contemplated by 
the Act by (a) sustaining jobs and employment in the State and Baltimore 
City, (b) assisting in the retention of existing industry and commerce and in 
the attraction of new industry and commerce in the State and in Baltimore 
City and (c) generally promoting the health, welfare and safety of the 
residents of the State and Baltimore City. 

(4) The Bonds of any series and the interest on them are limited 
obligations of the City the principal of, premium, if any, and interest on 
which are payable solely (except for bond anticipation notes) from revenues 
to be received in connection with the financing or operation of the Project 
and from any other moneys made available to the City for such purpose. 
Neither the Bonds of any issue or series nor the interest thereon shall ever 
constitute an indebtedness or a charge against the general credit or taxing 
powers of the City within the meaning of any constitutional or charter 
provision or statutory limitation and neither shall ever constitute or give rise 
to any pecuniary liability of the City. 

Section 3. And be it further resolved, That this Resolution, 
among other things, evidences the bona fide present intent of the City to 
issue, sell and deliver the Bonds in accordance with the terms and 
provisions of this Resolution. The Mayor of the City or his designee is 
hereby authorized, empowered, and directed to accept the Letter of Intent on 
behalf of the City in order to further evidence the intent of the City to issue 
and sell the Bonds in accordance with the terms and provisions of this 
Resolution. 



44 



1 996- 1 997 Session Ord. 96- 1 1 5 



Section 4. And be it further resolved, That the City is hereby 
authorized to issue, sell and deliver the Bonds, at one time or from time to 
time and in one or more series, as limited obligations and not upon its full 
faith and credit or pledge of its taxing power, in an aggregate principal 
amount not to exceed One Million Seven Hundred Fifteen Thousand 
Dollars ($1,715,000), subject to the provisions of this Resolution. The City 
will make available the proceeds of the Bonds to the Borrower for the sole 
and exclusive purpose of refinancing the costs of the Project and the 
refunding of the Prior Bonds, subject to the terms and conditions of a 
financing agreement. 

The Financing Agreement entered into with respect to the Bonds will 
require that the Borrower make payments or cause payments to be made 
which will be sufficient to enable the City to pay the principal of, premium, 
if any, and interest on the Bonds when and as the same become due and 
payable. 

Section 5. And be it further resolved, That, as permitted by the 
Act, the provisions set forth in this Resolution for the issuance and sale of 
the Bonds are intended and shall be deemed to include provisions for the 
issuance and sale of bond anticipation notes without the adoption of any 
further resolution or other action by the legislative body of the City. 
Accordingly, the words "bonds" and "Bonds", as used in this Resolution, 
shall include such bond anticipation notes, unless the context clearly 
requires a contrary meaning. At no time shall the aggregate principal 
amount of any bond anticipation notes exceed the amount of the Bonds set 
forth in Section 4 hereof. It is intended that the aggregate principal amount 
of issued and outstanding bond anticipation notes when added to the 
aggregate principal amount of issued and outstanding Bonds, in anticipation 
of which such notes were issued, shall not exceed the aggregate principal 
amount set forth in Section 4 hereof at any time. The City will agree to pay 
any bond anticipation notes issued pursuant to this Resolution and the 
interest and premium, if any, thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City will 
agree to issue such Bonds when, and as soon as, the reason for deferring the 
issuance of the Bonds no longer exists. The timely issuance of such Bonds, 
however, is dependent upon matters not within the control of the City, 
including (without limitation) the existence of a purchaser or purchasers for 



45 



Ord. 96- 1 1 5 1 996- 1 997 Session 



such Bonds and the effectiveness of various actions taken by the Borrower, 
its officers, agents and employees. 

Section 6. And be it further resolved, That the Bonds may be 
issued at one time or from time to time and in one or more series, a portion 
of which may be issued as bonds the interest on which would be excludable 
from the gross income of the owners of such Bonds for purposes of federal 
income taxation pursuant to Section 103 of the Internal Revenue Code of 
1986, as amended, and each series of the Bonds shall be identified by the 
year of issue or by some other or additional appropriate designation. 

Section 7. And be it further resolved, That the Bonds shall be 
authorized, issued, sold and delivered without direct or indirect cost to the 
City, and to that end, the Mayor of the City or the Director of Finance of the 
City shall provide for the payment by the Borrower (to the extent not paid 
from the proceeds of the Bonds) of all necessary expenses of preparing, 
printing, selling and issuing the Bonds and other costs contemplated and 
permitted by the Act, including (without limitation) any and all costs, fees 
and expenses incurred by or on behalf of the City in connection with the 
authorization, issuance, sale, delivery and administration of the Bonds or 
any agreement in connection herewith, and all costs incurred in connection 
with the development of the appropriate legal documents, including 
(without limitation) the fees of bond counsel to the City and compensation 
to any person (other than full-time employees of the City) or entity 
performing services for, or on behalf of, the City in connection with the 
transactions contemplated by this Resolution, whether or not the proposed 
financing is consummated. 

Section 8. And be it further resolved, That the City reserves the 
right, in its sole and absolute discretion, to take any actions deemed 
necessary by the City in order to insure that the City (a) complies with 
present federal and state laws and any pending or future federal or state 
legislation, whether proposed or enacted, which may affect or restrict the 
issuance of its bonds, and (b) issues its bonds within the limits imposed by 
such present laws or any such pending or future legislation or any future 
local laws, to finance those facilities which the City determines, in its sole 
and absolute discretion, will provide the greatest benefit to the residents of 
the City and the State. 



46 



1 996- 1 997 Session Ord. 96- 1 1 5 



Pursuant to the provisions of this Section, the City reserves the right in 
its sole discretion to, among other things, (a) never issue the Bonds, (b) 
issue only a portion of the aggregate principal amount of the Bonds 
requested by the Company, (c) restrict the use of the proceeds of the Bonds, 
(d) delay indefinitely the issuance of the Bonds, or (e) take any other actions 
deemed necessary by the City, in its sole and absolute discretion, in order to 
ensure that the City achieves the goals set forth in the preceding paragraph. 

Section 9. And be it further resolved, That the authority granted 
by this Resolution to issue bonds, bond anticipation notes, notes in the 
nature of commercial paper or other certificates, instruments or evidences of 
obligation may be exercised in such manner or combination as the Mayor of 
the City or the Director of Finance, as the case may be, may determine. The 
granting or exercise of the power to issue bond anticipation notes, notes in 
the form of commercial paper or other certificates, instruments or evidences 
of obligation shall not, to the extent permitted by law, preclude or otherwise 
affect the power to issue Bonds of any term, whether less than or greater 
than the term of any bond anticipation notes, notes in the form of 
commercial paper or other certificates, instruments or evidences of 
obligation. 

Section 10. And be it further resolved, That the definitive 
Bonds, which may be engraved, printed or typewritten, including a trustee's 
certificate of authentication, if any, to be endorsed thereon, shall be in such 
form, not inconsistent with the Act and the provisions of this Resolution, as 
the Mayor may approve. 

Section 11. And be it further resolved, That the Bonds shall be 
executed in the name of the City and on its behalf by the Mayor of the City, 
by manual or facsimile signature and by the Director of Finance, by manual 
or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by 
a custodian of the City Seal by manual or facsimile signature, and/or by 
such other officials as may be required or permitted by law and approved by 
the Mayor of the City by executive order. The trust indenture, Financing 
Agreement and all other documents as the Mayor of the City or his designee 
deems necessary to effectuate the issuance, sale and delivery of the Bonds 
of any series, shall be executed in the name of the City and on its behalf by 
the Mayor of the City, by manual or facsimile signature, and the corporate 



47 



Ord. 96- 1 1 5 1 996- 1 997 Session 



seal of the City or a facsimile thereof may be impressed or otherwise 
reproduced thereon and attested by a Custodian of the City Seal, by manual 
or facsimile signature. If any officer whose signature or countersignature or 
a facsimile of whose signature or countersignature appears on the Bonds of 
any issue or series or any of the aforesaid documents ceases to be such 
officer before the delivery of the Bonds of such issue or series or any of the 
other aforesaid documents, such signature or countersignature or such 
facsimile shall nevertheless be valid and sufficient for all purposes, the 
same as if such officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian of the City Seal 
and other officials of the City are hereby authorized and empowered to do 
all such acts and things and execute such documents and certificates as the 
Mayor of the City may determine to be necessary to carry out and comply 
with the provisions of this Resolution, subject to the limitations set forth in 
the Act and any limitations set forth in this Resolution. 

Section 12. And be it further resolved, That, as permitted by the 
Act, the Bonds may be sold at public (competitive bid) sale or by private 
(negotiated) sale and upon such terms (at, above, or below par) and 
conditions as the Mayor of the City or his designee shall approve. The City 
deems it to be in the best interests of the City to authorize the Mayor of the 
City or his designee to determine the method, and to approve the terms, of 
the sale of the Bonds, within the limitations of the Act and this Resolution. 

Section 13. And be it further resolved, That prior to the 
issuance, sale and delivery of the Bonds of any series, the Mayor by 
executive order or otherwise: 

(1) shall prescribe the form, tenor, terms and conditions of and 
security for the Bonds of such series; 

(2) shall prescribe the principal amount, rate or rates of interest or 
the method or methods of determining the rate or rates of interest, 
denomination or denominations, date, maturity or maturities (within the 
limits prescribed by the Act and the Code), the time and place or places of 
payment of the Bonds of such series, and the terms and conditions and 
details under which the Bonds of such series may be called for redemption 
prior to their stated maturity or maturities; 



48 



1 996- 1 997 Session Ord. 96-115 



(3) shall appoint a trustee, a bond registrar and a paying agent or 
agents for the Bonds of such series; 

(4) shall approve the format and contents of, and execute and 
deliver (where applicable), the Financing Agreement, and such other 
documents, including (without limitation) trust indentures, assignments, 
mortgages, deeds of trust, guaranties, tax compliance agreements, and 
security instruments to which the City is a party and which may be 
necessary or desirable to effectuate the issuance, sale and delivery of the 
Bonds of such series; 

(5) shall determine the time of execution, issuance, sale and 
delivery of the Bonds of such series and prescribe any and all other details 
of the Bonds of such series; 

(6) shall determine the method, and shall approve the terms, of the 
sale of the Bonds of such series, as provided in Section 12 of this 
Resolution; 

(7) shall provide for the direct payment by the Facility Applicant of 
all costs, fees and expenses incurred by or on behalf of the City in 
connection with the issuance, sale and delivery of the Bonds of such series 
and the performance of the obligations of the Facility Applicant under the 
Financing Agreement, including (without limitation) the administrative fee 
(if any) payable to the City, costs of printing (if any) and issuing the Bonds 
of such series, legal expenses (including the fees of bond counsel) and 
compensation to any person (other than full-time employees of the City), 
performing services by or on behalf of the City in connection therewith; 

(8) may provide for principal advances to be made under any series 
of Bonds by the bond trustee at the request of the Borrower, in an aggregate 
principal amount not to exceed the authorized face amount of such series of 
Bonds; for an authorized officer of the bond trustee to enter the amount and 
the date of each such principal advance on the certificate of principal 
advances attached to such series of Bonds when the proceeds of each such 
principal advance are delivered to the Borrower; and for each principal 
advance to bear interest from the date of such principal advance so entered 
on such series of Bonds; 



49 



Ord. 96-115 1 996- 1 997 Session 



(9) may provide for the issuance and sale (subject to the passage at 
the time of an appropriate resolution authorizing the same) or one or more 
series of additional bonds (which may be on a parity with, or subordinate to, 
the Bonds) and one or more series of refunding bonds; 

(10) may provide for the funding of reserves for the Bonds of such 
series and for the payment of interest on the Bonds of such series in such 
amounts and for such period as the Mayor deems reasonable; 

(11) may specify, prescribe, determine, provide for or approve such 
other matters, details, forms, documents or procedures and do any and all 
things necessary, proper or expedient in connection with the authorization, 
sale, security, issuance, delivery or payment of or for the Bonds of such 
series and in order to accomplish the legislative policy of the Act and the 
public purposes of this Resolution, subject to the limitations set forth in the 
Act and any limitations prescribed by this Resolution. 

Section 13. And be it further resolved, That the provisions of 
this Resolution are severable, and if any provision, sentence, clause, section 
or part hereof is held or determined to be illegal, invalid or unconstitutional 
or inapplicable to any person or circumstances, such illegality, invalidity or 
unconstitutionality or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections or parts of this Resolution 
or their application to other persons or circumstances. It is hereby declared 
to be the legislative intent that this Resolution would have been passed if 
such illegal, invalid, unconstitutional or inapplicable provision, sentence, 
clause, section or part had not been included herein, and as if the person or 
circumstances to which this Resolution or any part hereof are inapplicable 
had been specifically exempted herefrom; provided, however, notwithstand- 
ing anything contained in this Section 13 of this Resolution, neither the full 
faith and credit of the City nor the taxing power of the City shall be deemed 
pledged hereby, and the City shall not hereby incur any indebtedness or 
charge against the general credit or taxing powers of the City, within the 
meaning of any constitutional provision, charter provision or statutory 
limitation, and the transactions authorized hereby shall not constitute or 
give rise to any pecuniary liability of the City. 

Section 14. And be it further resolved, That this Resolution is 
intended to be, and shall constitute, evidence of the intent of the City to 



50 



1 996- 1 997 Session Ord. 97-116 



issue and deliver the Bonds authorized hereby in accordance with the terms 
hereof, provided however, that if no Bonds have been issued pursuant to 
this Resolution within six months after the effective date of this Resolution, 
the authority of the City to issue the Bonds granted hereunder shall end; 
provided, however, that the Board of Finance of the City (the "Board") may, 
after a showing of good cause at a public hearing held before the Board, 
extend such authorization for an additional term not to exceed six months. 
The Board, in its sole discretion, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of this 
Resolution. If an extension is granted, notice of such extension and the 
reasons therefore must be sent to the City Council. If no Bonds are issued 
pursuant to this Resolution within the six month extension, the authorization 
of the City to issue the Bonds granted hereunder shall end. 

Section 15. And be it further resolved, That this Resolution 
shall take effect on the date of its enactment. 

Approved December 16, 1996 

KURT L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-116 

Council Bill 248 

An Ordinance Concerning 

Renaming City Property — Dr. Samuel L. Banks 
Professional Development Center 

FOR the purpose of changing the name of the Professional Development 
Center located at 2500 E. Northern Parkway to the Dr. Samuel L. Banks 
Professional Development Center. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



51 



Ord. 97- 1 1 7 1 996- 1 997 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of the Professional Development Center 
located at 2500 E. Northern Parkway is changed to the Dr. Samuel L. Banks 
Professional Development Center. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-117 

Council Bill 284 

An Ordinance Concerning 

Supplementary Grant Fund Operating Appropriation — 

Mayoralty Related - Mayor's Coordinating Council of 

Criminal Justice — Program 224 — $240,000 

For the purpose of providing a Supplementary Grant Fund Operating 
Appropriation in the amount of $240,000 to the Mayor's Coordinating 
Council of Criminal Justice - Program 224, to provide funding for the 
Comprehensive Communities Program Southwest Initiatives; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Governor's Office of Crime Control and Prevention in excess of the revenue 



52 



1 996- 1 997 Session Ord. 97- 1 1 8 



relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On October 30, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $240,000 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice - Program 224 as a Supplementary 
Grant Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for the Comprehensive Communities Program Southwest 
Initiatives. The source of revenue for this appropriation is the grant from 
the Governor's Office of Crime Control and Prevention in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-118 

Council Bill 285 



An Ordinance Concerning 

Capital Projects Appropriation Transfers — $3,000,000 

FOR the purpose of providing interagency capital projects appropriation 
transfers in the amount of $3,000,000 between the Mayor's Office 
Construction Program Project - Constellation Restoration (9904-129- 
006) and Fire Department Construction Program Project - 



53 



Ord. 97- 1 1 8 1 996- 1 997 Session 



Communication System Modernization (9920-209-026); and providing 
for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

These interagency transfers are required to change project funding 
sources. 

On October 30, 1996, the Board of Estimates recommended these 
interagency transfers to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following interagency capital projects appropriation 
transfers are authorized: 



Account 


Funding Source 


Proiect 


Amount 


From: 9904-129-006 


Certificates of 


Constellation 


$3,000,000 




Participation 


Restoration 




To: 9920-209-026 


Certificates of 


Communication 


$3,000,000 




Participation 


System Modern- 
ization 




and 








From: 9920-209-026 


General Fund 


Communication 


$3,000,000 




(Restructuring) 


System Modern- 
ization 




To: 9904-129-006 


General Fund 


Constellation 


$3,000,000 




(Restructuring) 


Restoration 





Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



54 



1 996- 1 997 Session Ord. 97-119 



City of Baltimore 

Ordinance 97-119 

Council Bill 301 

An Ordinance Concerning 

Zoning — Health-Care Facilities — Conditional Use Drug Abuse 
Rehabilitation and Treatment Center — 2401 E. North Avenue 

FOR the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a drug abuse 
rehabilitation and treatment center on the property known as 2401 E. 
North Avenue, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3-ld-5 and 11.0-6d 

and 
Article 12 - Hospitals 
Section 1 

Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drug abuse rehabilitation and treatment 
center on the property known as 2401 E. North Avenue, as outlined in red 
on the plat accompanying this Ordinance, in accordance with Article 30, §§ 
6.3-ld-5 and 1 1.0-6d and Article 12, § 1 of the Baltimore City Code, 
conditioned on compliance with all applicable federal, state, and local 
licensing or certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 



55 



Ord. 97- 1 20 1 996- 1 997 Session 



Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-120 

Council Bill 307 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 

Mayoralty Related - Mayor's Coordinating Council of Criminal 

Justice — Program 224 — - $400,000 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $400,000 to the Mayor's 
Coordinating Council of Criminal Justice - Program 224, to provide 
funding to assist the Comprehensive Communities Program in 
continuing the program's strategy to reduce crime; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a federal grant 
from the Federal Bureau of Justice Assistance in excess of the revenue 



56 



1 996- 1 997 Session Ord. 97- 1 2 1 



relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On November 20, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $400,000 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice - Program 224 as a Supplementary 
Federal Grant Fund Operating Appropriation for Fiscal Year 1997, to 
provide funding for the Comprehensive Communities Program to continue 
its strategy to reduce crime. The source of revenue for this appropriation is 
the federal grant from the Federal Bureau of Justice Assistance in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-121 

Council Bill 308 

An Ordinance Concerning 

Supplementary Federal Grant Fund and 

General Fund Operating Appropriation — 

Mayoralty Related - Mayor's Coordinating Council 

of Criminal Justice — Program 224 — $5,196,011 



57 



Ord. 97- 1 2 1 1 996- 1 997 Session 



For the purpose of providing a Supplementary Federal Grant Fund and 
General Fund Operating Appropriation in the amount of $5,196,01 1 to 
the Mayor's Coordinating Council of Criminal Justice - Program 224, to 
provide funding to reduce crime and improve public safety through 
community policing, crime prevention, and the adjudication of violent 
offenders; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a federal grant 
from the Federal Bureau of Justice Assistance and revenue from the Fiscal 
1996 General Fund Balance in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

This additional revenue could not have been expected with reasonable 
certainty when the Ordinance of Estimates for Fiscal Year 1997 was 
formulated. 

On November 20, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $5,196,01 1 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice - Program 224 as a Supplementary 
Federal Grant Fund and General Fund Operating Appropriation for Fiscal 
Year 1997, to provide funding to reduce crime and improve public safety 
through community policing, crime prevention, and the adjudication of 
violent offenders. The source of revenue for this appropriation is the federal 
grant from the Federal Bureau of Justice Assistance ($4,676,410) and 
revenue from the Fiscal 1996 General Fund Balance ($519,601) in excess of 
the amount from these sources that was relied on by the Board of Estimates 



58 



1 996- 1 997 Session Ord. 97- 1 22 



in determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-122 
Council Bill 97-329 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $580,034 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $580,034 to the Police 
Department - Program 201 (Neighborhood Patrol), to provide funding 
to hire 30 additional police officers for Fiscal 1997; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice COPS Universal Hiring Supplemental Award in 
excess of the revenue relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 1997. 



59 



ORD. 97- 1 23 1 996- 1 997 SESSION 



That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1 997 was formulated. 

On December 11, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $580,034 shall be made available to the Police 
Department - Program 201 (Neighborhood Patrol) as a Supplementary 
Federal Grant Fund Operating Appropriation for Fiscal Year 1997, to 
provide funding to hire 30 additional police officers for Fiscal 1997. The 
source of revenue for this appropriation is the grant from the U.S. 
Department of Justice COPS Universal Hiring Supplemental Award in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-123 
Council Bill 97-330 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $349,787 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation^ the amount of $349,787 to the Police 
Department - Program 204 (Technical Services), to provide funding to 
support the City's implementation of the 3 1 1 non-emergency 
telecommunications project; and providing for a special effective date. 



60 



1 996- 1 997 Session Ord. 97- 1 23 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice COPS Supplemental Award in excess of the 
revenue relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On December 18, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Councdl of 
Baltimore, That $349,787 shall be made available to the Police 
Department - Program 204 (Technical Services) as a Supplementary Federal 
Grant Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding to support the City's implementation of the 3 1 1 non-emergency 
telecommunications project. The source of revenue for this appropriation is 
the grant from the U.S. Department of Justice COPS Supplemental Award 
in excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



61 



Ord. 97- 1 24 1 996- 1 997 Session 



City of Baltimore 
Ordinance 97-124 
Council Bill 97-331 

An Ordinance Concerning 

Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $194,552 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $194,552 to the Police 
Department - Program 200 (Administration), to provide funding to 
identify the character traits of quality police sergeants and use such 
information in developing recruitment, training, promotion, 
deployment, and evaluation procedures; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
National Institute of Justice in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On December 18, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $194,552 shall be made available to the Police 
Department - Program 200 (Administration) as a Supplementary Federal 



62 



1 996- 1 997 Session Ord. 97- 1 25 



Grant Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding to identify the character traits of quality police sergeants and use 
such information in developing recruitment, training, promotion, 
deployment, and evaluation procedures. The source of revenue for this 
appropriation is the grant from the National Institute of Justice in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-125 
Council Bill 97-332 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $4,600 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $4,600 to the Police 
Department - Program 202 (Criminal Investigations), to provide 
funding for the National Arson Prevention Program; and providing for a 
special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 



63 



Ord. 97- 1 26 1 996- 1 997 Session 



The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On December 18, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That $4,600 shall be made available to the Police Department 
- Program 202 (Criminal Investigations) as a Supplementary Federal Grant 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
the National Arson Prevention Program. The source of revenue for this 
appropriation is the grant from the U.S. Department of Justice in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-126 

Council Bill 198 

An Ordinance Concerning 

Baltimore City Recognized Heritage Area 

For the purpose of requiring the Commission for Historical and 

Architectural Preservation and the Planning Commission to prepare a 
proposal, for approval by the Board of Estimates and the Maryland 



64 



1 996- 1 997 Session Ord. 97- 1 27 



Heritage Areas Authority, designating a Baltimore City Recognized 
Heritage Area; and providing for a special effective date. 

Recitals 

Whereas, In Chapter 353- 6M of 1996, the General Assembly of 
Maryland authorized the creation of a Maryland Heritage Areas Authority, 
which will establish a Maryland System of Heritage Areas and provide 
certain incentives to benefit designated areas; and 

Whereas, The system of heritage areas to be designated will reflect 
the cultural themes of the State's development and provide educational, 
inspirational, economic, and recreational benefits for present and future 
generations; and 

Whereas, A local jurisdiction's eligibility to receive benefits 
associated with this legislation is contingent on the local jurisdiction 
submitting a proposal to the Maryland Heritage Areas Authority for a local 
heritage area; and 

WHEREAS, It is in the interest of Baltimore City to pursue this 
designation and its related benefits; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Commission for Historical and Architectural 
Preservation and the Planning Commission shall prepare a proposal, for 
approval by the Board of Estimates and the Maryland Heritage Areas 
Authority, designating a Baltimore City Recognized Heritage Area. 

Section 2. And be it further ordained, That this ordinance shall 
take effect on the date of its enactment. 

Approved March 18, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-127 

Council Bill 265 



65 



Ord. 97- 1 27 1 996- 1 997 Session 



An Ordinance Concerning 

Zoning — Conditional Use Incinerator — 
Amending Ordinances 323 (1989) and 224 (1993) 

FOR the purpose of amending Ordinance No. 323, approved June 30, 1989, 
and Ordinance No. 224, approved June 27, 1993, which authorized a 
conditional use for an incinerator, to modify certain provisions 
concerning air quality improv e ment funds and r e peal certain 
geographical and related restrictions on the use of the incinerator; 
providing for a special effective date; and generally relating to the 
establishment, maintenance, and operation of an incinerator for the 
disposal of special medical waste. 

By repealing and reordaining, with amendments, Section 2 of Ordinance 
No. 323 of the Mayor and City Council of Baltimore, approved June 30, 
1989, as amended by Ordinance No. 224 of the Mayor and City Council 
of Baltimore, approved June 27, 1993. 

By repealing and reordaining, with amendments, Section 3(A) of Ordinance 
No. 323 of the Mayor and City Council of Baltimore, approved June 27, 

By repealing and reordaining, with amendments, Section 3 of Ordinance 
No. 224 of the Mayor and City Council of Baltimore, approved June 27, 
1993. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section 2 of Ordinance No. 323, approved June 30, 
1989, as amended by Ordinance No. 224, approved June 27, 1993, be 
repeal e d amended to read as follows : 

{Sec. 2. And be it further ordained, That the use of the 
incinerator, including testing and any use under any reciprocal 
agreement with any other waste disposal site or incinerator, will be 
restricted to facilities located within the following political subdivisions 
participating in the North e ast Maryland Waste Disposal Authority: 
Baltimor e City, Baltimore County, Ann e Arund e l County, Harford 
County, Montgomery County; and Prince George's County, Carroll 



66 



1 996- 1 997 Session Ord. 97- 1 27 



County, and Howard County. 1 250 MILES OF THE CITY LIMITS OF 
Baltimore City. 

Section 2. And be it further ordained, That S e ction 3(4) of 
Ordinance No. 323, approved June 30, 1989, be amended to read as follows: 

Sec. 3, And be it further ordained, That the permission 
granted by this Ordinanc e is granted subject to the following conditions: 

4) Medical Wast e Associates Limited Partnership shall pay 
$50,000.00 p e r annum for a period of twenty years to [the City to] 
improve the [monitoring and] air quality [of th e communiti e s of 
Hawkins Point, Fairfield, Curtis Bay and Brooklyn] and THE overall 
environmental, social, and recreational conditions in the 6th 
Councilmanic District, which has historically been the 
location for incinerators, landfills, and manufacturing 
activities. at least $25,000 of the $50,000 payment will be used 
by Phoenix Services Limited Partnership to make improvements 
at the incinerator that help to improve the air quality, as 
determined by the Maryland Department of Environment. The 
balance of the payment will be used to improve overall 
environmental, social, and recreational conditions in the 6th 
Councilmanic District. The funding for the payment will come from 
th e income of their operation. The first such payment will be mad e on 
th e last day of the first full year of op e ration, and each of the nineteen 
annual r e maining payments will be made on the anniv e rsary date of the 
first payment. M e dical Waste Associates shall certify to the 
Commissioner of Health the date of th e first day of operation. [Each 
payment will b e us e d by the Health Departm e nt of Baltimore City, with 
advice from the Maryland Department of Environment.] 

Section 3. And be it further ordained, That Section 3 of 
Ordinance No. 224, approved June 27, 1993, be repealed amended to read 
as follows : 

{Sec. 3. And be it further ordained, That within th e area 
added by this Ordinanc e (Montgom e ry County, Prince Georg e 's County, 
Carroll County, and Howard County) medical faciliti e s or any oth e r 
facility ANY MEDICAL OR OTHER FACILITY THAT IS served by this medical 



67 



Ord. 97- 1 28 1 996- 1 997 Session 



waste incinerator and that is located outside of the area 

ORIGINALLY AUTHORIZED BY SECTION 2 OF ORDINANCE 89-323 shall not 
serve as a pass through or medical waste transfer facility for any 
medical waste generated outside of the area added by this Ordinance 
AUTHORIZED BY THIS OR ANY OTHER PRDINANCE .4 

Section 4 3. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved March 18, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-128 

Council Bill 275 

An Ordinance Concerning 

Mill Hill Deck of Cards Block 
Historical and Architectural Preservation District 

FOR the purpose of designating that area located within certain described 
boundaries the Mill Hill Deck of Cards Block Historical and 
Architectural Preservation District. 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 40(tt) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 



68 



1 996- 1 997 Session Ord. 97- 1 28 



Subtitle — Commission for Historical 
and Architectural Preservation 

40. Created; powers; duties. 

(tt) Mill Hill Deck of Cards Block Historical and 
Architectural Preservation District. The area located within the 
boundaries set forth in this subsection is declared to be the mill 
Hill Deck of Cards Block Historical and Architectural 
Preservation District: 

Beginning for the same at the point formed by the intersection 
of the centerline of brunswick street, 66 feet wide, and the 
centerline of wllkens avenue, 100 feet wide, and running thence 
binding on the centerline of said wllkens avenue, northeasterly 
815.5 feet, more or less, to intersect the centerline of mlllington 
Avenue, 33 feet wide; thence binding on the centerline of said 
Millington Avenue, southeasterly 130.5 feet, more or less, to 
intersect the line of the north side of a 1 foot alley laid out in 
the rear of the properties known as no. 2601 through no. 2699 
Wilkens Avenue, if projected northeasterly; thence binding in part 
reversely on said line so projected, in part on the north side of said 
1 foot alley, in part on the line of the north side of said 1 foot 
alley, if projected southwesterly, and in all, southwesterly 805.5 
feet, more or less, to intersect the centerline of said brunswick 
Street and thence binding on the centerline of said Brunswick 
Street, northwesterly 1 30.0 feet, more or less, to the place of 
beginning. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 18, 1997 

Kurt L. Schmoke, Mayor 



69 



Ord. 97- 1 29 1 996- 1 997 Session 

City of Baltimore 

Ordinance 97-129 

Council Bill 242 

An Ordinance Concerning 

Reserved Parking — Disabled Persons 

FOR the purpose of authorizing the Director of Public Works to waive 

certain requirements in granting reserved parking for disabled persons. 

By repealing and reordaining, with amendments 
Article 3 1 - Transit and Traffic 
Section(s) 157 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Reserved Parking For Disabled Persons 

157. Criteria for obtaining a reserved parking space, 
(f) The applicant must submit with the application: 

(1) A physician's statement describing the nature of the disability 
and its effect on the mobility of the applicant, dated within the previous 6 
months; and 

(2) Signed statements approving the designation of reserved 
parking for the applicant from the 2 abutting property owners and from 4 
additional property owners in the block. This provision may be waived by 
the [Commissioner] DIRECTOR OF PUBLIC WORKS if: 



70 



1 996- 1 997 Session Ord. 97- 1 30 



(I) it is determined that there are not enough properties in the 
block to [require] SUPPLY the necessary signatures; OR 

(ii) the Director, in consultation with the Director of 
the Community Relations Commission, determines that the 
applicant meets all other criteria for obtaining a reserved parking 

SPACE. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-130 

Council Bill 292 

An Ordinance Concerning 

Zoning — Parking Lot District — Conditional Use 
Parking Lot — 300 E. Pratt Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 300 E. Pratt Street, as outlined in red on 
the accompanying plat; and providing for the automatic termination of 
this Ordinance. 

By authority of 

Article 30 - Zoning 

Section(s) 9.0-3 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



71 



Ord. 97- 1 3 1 1 996- 1 997 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 300 E. Pratt Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 9.0-3 and 
1 1.0-6d of the Baltimore City Code, conditioned on compliance with all 
applicable federal, state, and local licensing or certification requirements. 

Section 2. And be it further ordained. That no change in 
conditional use is needed if the use is to change from a parking lot to 
another use. Uses shall be permitted as in the B-5-2 Zoning District. 

Section 2 3. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3 4. And be it further ordained, That this Ordinance 
takes effect on the 30th day after the date it is enacted. It will remain 
effective for three years from the time of expiration of Ordinance 94-343 , 
and at the end of that period, with no further action by the Mayor and City 
Council, this Ordinance will be abrogated and of no further effect. 

Approved March 31,1 997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-131 

Council Bill 293 

An Ordinance Concerning 



72 



1 996- 1 997 Session Ord. 97-131 



Zoning — Signs in Residence and Office-Residence Districts 

FOR the purpose of providing that in Residence and Office-Residence 
Districts certain real estate signs may be used for single-family 
dwellings and for unimproved lots; providing that "sold" signs may be 
used; and limiting the time that certain signs may be displayed. 

By adding 

Article 30 - Zoning 

Section(s) 10.0-2a-5 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Section(s) 10.0-2b-l and 10.0-2b-la 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Recital 

The intention of the City Council in adopting this Ordinance is, in part, 
to conform the provisions of the Zoning Article of the Baltimore City Code 
to the decision of the Maryland Court of Special Appeals in City of 
Baltimore v. Crockett, 45 Md. App. 682 (1980), in which the prohibition 
against sale or lease signs for single-family dwellings in Residence and 
Office-Residence District was held unconstitutional. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 — Zoning 

Chapter 10 — Sign Regulations 

10.0-2 Signs in Residence and Office-Residence Districts. 



73 



Ord. 97- 1 3 1 1 996- 1 997 SESSION 



Signs in Residence and Office-Residence Districts shall comply with 
and be subject to the following provisions: 

a. General provisions: 

5. NO LEASE, SALE, AUCTION, OR SOLD SIGN SHALL BE 
DISPLAYED FOR MORE THAN 7 DAYS AFTER THE LEASING OF THE PREMISES TO 
WHICH THE SIGN PERTAINS OR AFTER THE TRANSFER OF TITLE TO THE 
PREMISES ON WHICH THE SIGN IS ERECTED. 

b. The following types of signs, subject to the limitations prescribed 
for them, shall be permitted for uses authorized as principal or conditional 
uses in Residence and Office-Residence Districts: 

1. One non-illuminated sale [or lease], LEASE, auction, or 
SOLD sign for single-family dwellings, multiple-family dwellings, 
apartment hotels, fandj non-residential buildings , AND UNIMPROVED LOTS . 
Such signs shall not exceed a height of eight feet if free standing, and shall 
not extend above the roof line if attached to a building and shall not exceed 
an area of 36 square feet. 

1 A. For single-family dwellings and for unimproved 

LOTS, ONE NON-ILLUMINATED SALE, LEASE, AUCTION, OR SOLD SIGN FOR 
EACH STREET FRONTAGE OF THE LOT. THE SIGN MAY NOT EXCEED A HEIGHT 
OF 6 FEET NOR AN AREA OF 6 SQUARE FEET. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 31,1 997 

Kurt L. Schmoke, Mayor 



74 



1 996- 1 997 Session Ord. 97- 1 32 



City of Baltimore 
Ordinance 97-132 
Council Bill 97-383 

An Ordinance Concerning 

Renaming City Property - Radecke Playfield 

FOR the purpose of changing the name of Radecke Playfield naming 

Playfield No. 3 , located at 5610 Radecke Avenue, te Ralph Sears Field; 
and providing for a special effective date . 

BY authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of Radecke Playfield Playfield No. 3 , located at 
5610 Radecke Avenue, is changed to named Ralph Sears Field. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on th e 30th day aft e r the dat e it is enacted April 12, 1997 . 

Approved April 10, 1997 

KurtL. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 97-133 
Council Bill 97-334 

An Ordinance Concerning 

Ticket Sales — Preakness Stakes 



75 



Ord. 97- 1 33 1 996- 1 997 Session 

For the purpose of prohibiting the possession or offering for sale or resale 
of unauthorized Preakness Stakes tickets; providing a penalty; and 
providing for a special effective date. 

BY adding 

Article 19 - Police Ordinances 

Section(s) 198B 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Ticket Sales 

198B. Preakness Stakes tickets. 

(a) Prohibited activities. 

a person must not offer for sale or resale or possess for sale 
or resale any preakness stakes ticket that is forged or 
counterfeit or is in any way printed or issued without the consent 
of the Maryland Jockey Club of Baltimore City, Inc. 

(b) Penalty. 

( 1 ) Any person who violates this section is guilty of a 
misdemeanor and on conviction is subject to a fine of not more than 
$ 1 000 for each offense. 

(2) a person may be charged with a separate offense for 
each ticket that the person offers or possesses in violation of this 

SECTION. 



76 



1 996- 1 997 Session Ord. 97- 1 34 



Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 10, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-134 

Council Bill 201 

An Ordinance Concerning 

Franchise — Storm Drain under S. Haven Street 

FOR the purpose of granting permission and authority to Exxon Company 
U.S.A. to construct, use, and maintain a private storm drain under the 
1300 block of S. Haven Street, approximately 1 10 feet north of the 
north side of the Boston Street right-of-way; and providing for a special 
effective date. 

By authority of 

Article VHI - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission and authority are hereby granted to Exxon 
Company, its tenants, successors, and assigns, hereinafter referred to as the 
"Grantee" to construct, use, and maintain, at its own cost and expense, for a 
period not to exceed twenty-five (25) years, for the purpose of providing a 
storm drain under S. Haven Street as hereinafter more particularly 
described: 

The Exxon Company proposes to construct a 4" Ductile Iron Force 
Main through a 12" carbon steel sleeve. The 4" pipe shall carry storm 



77 



ORD. 97- 1 34 1 996- 1 997 SESSION 



water runoff collected from the 194,000 square foot East Tank Farm 
Area located 1 10 feet north of the Boston and Haven Street intersection. 
The 4" carrier pipe and 12" sleeve shall span 70 linear feet under the 
1300 block of S. Haven Street, approximately 1 10 feet north of the 
north side of the Boston Street right-of-way. The installation of the 
storm drain shall be performed using horizontal boring methods such 
that no open excavations in the public way are required. 

Section 2. And be it further ordained, That the franchise or right 
granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

Section 3. And it be further ordained, That the said Grantee, its 
successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, 
the sum of $157.50 per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and subject to the 
increase or decrease of this charge as provided in Section 4 herein. 

Section 4. And be it further ordained, That the Mayor and City 
Council of Baltimore hereby expressly reserves that right and power, at all 
times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the 
Grantee to twenty-four (24) consecutive one-year renewals of the franchise, 
each such renewal to be for a period of one year, upon the same terms and 
conditions as the original one year grant, except as otherwise provided 
herein. Each one year renewal period shall take effect immediately upon 
the expiration of the original or renewal term then in force, without any 
action being taken on behalf of either the Mayor and City Council of 
Baltimore or the Grantee, but the total period of time during which the 
franchise shall operate, including the original term and all renewals thereof, 
shall not exceed, in the aggregate, twenty-five years. Provided, that the 
Mayor and City Council of Baltimore, acting by and through the Board of 
Estimates, may increase or decrease the franchise charge payable by the 
Grantee under the provisions hereof, by giving written notice to that effect 
to the Grantee at least one hundred and fifty (150) days prior to the 



78 



1 996- 1 997 Session Ord. 97- 1 34 



expiration of the original one year term, granted herein, or any yearly 
renewal term herein granted and then in effect; any such increase or 
decrease of said franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any increase or decrease 
in said franchise charge has occurred. Provided further, that either the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, or the Grantee may terminate the franchise granted herein, by 
giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any 
one year renewal term herein granted and then in effect. 

Section 5. And be it further ordained, That the structures for 
which the franchise is herein granted shall be maintained in compliance 
with all applicable laws and regulations of Baltimore City. The 
maintenance of the structures for which the franchise is herein granted shall 
be under the supervision of the Grantee and shall be at all times hereafter 
subject to the regulation and control of the Commissioner of the Department 
of Housing and Community Development and the Director of the 
Department of Public Works. 

Section 6. And be it further ordained, That the said Grantee 
shall maintain the structures for which the franchise is herein granted in 
good condition throughout the full term of this grant, so long as they exist at 
the location described herein. In the event the said structures for which the 
franchise is herein granted must be readjusted, relocated, protected, or 
supported to accommodate a public improvement, the Grantee shall pay all 
costs in connection therewith. 

Section 7. And be it further ordained. That noncompliance by 
the Grantee with any of these terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

Section 8. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any 
time or times, the rights and privileges hereby granted when, in the Mayor's 
judgment, the public interest, welfare, safety, or convenience requires such 



79 



Ord. 97- 1 34 1 996- 1 997 Session 



revocation and, upon written notice to that effect from the Mayor of 
Baltimore served upon the Grantee hereunder, its successors and assigns, all 
rights under this ordinance shall cease and terminate. 

Section 9. And be it further ordained, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures 
for which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and 
the Director of Public Works of Baltimore City, such removal to be made 
without any compensation to the Grantee, its successors and assigns, and to 
be completed within such time as shall be specified in writing by the said 
Director of Public Works. 

Section 10. And be it further ordained, That the said Grantee, its 
successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and 
City Council of Baltimore shall from time to time be subjected on account 
of, or in any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

Section 11. And it be further ordained, That this ordinance shall 
take effect on the date of its enactment. 

Approved April 30, 1997 

Kurt L. Schmoke, Mayor 



80 



1 996- 1 997 Session Ord. 97- 1 35 



City of Baltimore 

Ordinance 97-135 

Council Bill 309 

An Ordinance Concerning 

Rezoning — George and Jasper Streets 

For the purpose of changing the zoning for the properties known as 404, 
405, 406, 407, 408, 409, 410, 411, and 412 George Street and 603, 605, 
607, 609, 61 1, 613, 617, 619, 621, 623, 625, 627, and 629 Jasper Street, 
as outlined in red on the accompanying plat, from the B-4-1 Zoning 
District to the R-9 Zoning District. 

By amending 

Article 30 - Zoning 

Zoning District Maps 

Sheet(s) 55 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 55 of the Zoning District Maps is amended by 
changing from the B-4-1 Zoning District to the R-9 Zoning District the 
property known as 404, 405, 406, 407, 408, 409, 410, 41 1, and 412 George 
Street and 603, 605, 607, 609, 611, 613, 617, 619, 621, 623, 625, 627, and 
629 Jasper Street, as outlined in red on the plat accompanying this 
Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



81 



Ord. 97- 1 36 1 996- 1 997 SESSION 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved April 30, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-136 

Council Bill 321 

An Ordinance Concerning 

Franchise — Trash Compactor Structure on South Side 
of 300 Block East Pratt Street 

FOR the purpose of granting a franchise to Harborplace Associates Limited 
Partnership to construct, use, maintain, and access a private trash 
compactor and surrounding structure on the south side of the 300 block 
of East Pratt Street, subject to certain terms, conditions, and 
reservations; and providing for a special effective date. 

By authority of 

Article Vffl - Franchises 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a franchise or right is granted to Harborplace Associates 
Limited Partnership, its tenants, successors, and assigns (collectively, the 
"Grantee") to construct, use, maintain, and access, at Grantee's own cost and 
expense, and subject to the terms and conditions of this Ordinance, an 
approximately 50.5-foot by 12-foot trash compactor structure housing a self- 
contained trash compactor, for the purpose of providing adequate trash and 
refuse removal from the adjacent facilities owned by the Grantee. The 
compactor structure will be located on the south side of the 300 block of 
East Pratt Street, approximately 98 feet east of the centerline of South Street 
and approximately 14 feet from the north wall of the Pratt Street Pavilion at 
Harborplace, as shown on the plan attached hereto as Exhibit A. 



82 



1 996- 1 997 Session Ord. 97- 1 36 



Section 2. And be it further ordained, That to become effective, 
the franchise or right granted by this Ordinance (the "Franchise") must be 
executed and enjoyed by the Grantee within 6 months after the effective 
date of this Ordinance. 

Section 3. And be it further ordained, That as compensation for 
the Franchise, the Grantee shall pay to the Mayor and City Council of 
Baltimore a franchise charge of $ 1,366 a year, subject to increase or 
decrease as provided in Section 5 of this Ordinance. The franchise charge 
must be paid annually, at least 30 days before the initial and each renewal 
term of the Franchise. 

Section 4. And be it further ordained, That: 

(a) The initial term of the Franchise is 1 year, commencing on the 
effective date of this Ordinance. Unless sooner terminated as provided in 
this Ordinance, the Franchise will automatically renew, without any action 
by either the Mayor and City Council of Baltimore or the Grantee, for 24 
consecutive 1-year renewal terms. Except as otherwise provided in this 
Ordinance, each renewal term will be on the same terms and conditions as 
the initial term. The maximum duration for which the Franchise may 
operate, including the initial and all renewal terms, is 25 years. 

(b) Either the Mayor and City Council of Baltimore, acting by and 
through the Director of Public Works, or the Grantee may cancel the 
Franchise as at the end of the initial or any renewal term by giving written 
notice of cancellation to the other at least 90 days before the end of that 
term. 

Section 5. And be it further ordained, That the Mayor and City 
Council of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the annual franchise charge by giving written notice of 
the increase or decrease to the Grantee at least 150 days before the end of 
the original or renewal term immediately preceding the renewal term to 
which the increase or decrease will first apply. The new franchise charge 
will apply to all subsequent annual renewal terms, unless again increased or 
decreased in accordance with this section. 



83 



Ord. 97- 1 36 1 996- 1 997 Session 



Section 6. And be it further ordained, That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 
control over and in respect to all matters connected with the Franchise and 
not inconsistent with the terms of this Ordinance. 

Section 7. And be it further ordained, That the Grantee, at its 
own cost and expense, shall maintain in good condition and in compliance 
with all applicable laws and regulations of Baltimore City, all structures for 
which the Franchise is granted. The maintenance of these structures shall 
be at all times subject to the regulation and control of the Commissioner of 
Housing and Community Development and the Director of Public Works. If 
any structure for which the Franchise is granted must be readjusted, 
relocated, protected, or supported to accommodate a public improvement, 
the Grantee shall pay all costs and expenses in connection with the 
readjustment, relocation, protection, or support. 

Section 8. And be it further ordained, That at the option of the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, the Grantee's failure to comply with any term or condition of 
this Ordinance constitutes a forfeiture of the Franchise. Immediately on 
written notice to the Grantee of the exercise of this option, the Franchise 
terminates. Once so terminated, only an ordinance of the Mayor and City 
Council of Baltimore may waive the forfeiture or otherwise reinstate the 
Franchise. 

Section 9. And be it further ordained, That at any time and 
without prior notice, the Mayor of Baltimore City may revoke the Franchise 
if, in the Mayor's judgment, the public interest, welfare, safety, or 
convenience so requires. Immediately on written notice to the Grantee of 
the exercise of this right, the Franchise terminates. 

Section 10. And be it further ordained, That on cancellation, 
expiration, forfeiture, revocation, or other termination of the Franchise for 
any reason, the Grantee shall remove all structures for which the Franchise 
is granted. The removal of these structures shall be (i) undertaken at the 
cost and expense of the Grantee, without any compensation from the Mayor 
and City Council of Baltimore, (ii) made in a manner satisfactory to the 
Commissioner of Housing and Community Development and the Director 



84 



1 996- 1 997 Session Ord. 97- 1 37 



of Public Works, and (iii) completed within the time specified in writing by 
the Director of Public Works. 

Section 11. And be it further ordained, That the Grantee is liable 
for and shall indemnify and save harmless the Mayor and City Council of 
Baltimore against all suits, losses, costs, claims, damages, or expenses to 
which the Mayor and City Council of Baltimore is at any time subjected on 
account of, or in any way resulting from, (i) the presence, construction, use, 
operation, maintenance, alteration, repair, location, relocation, or removal of 
any of the structures for which the Franchise is granted, or (ii) any failure of 
the Grantee, its officers, employees, or agents, to perform promptly and 
properly any duty or obligation imposed on the Grantee by this Ordinance. 

Section 12. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved April 30, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-137 

Council Bill 322 

An Ordinance Concerning 

City Streets — Closing — Imla Street 

FOR the purpose of condemning and closing Imla Street, extending from 
Eastern Avenue, Southerly 152.5 feet to its southernmost extremity, as 
shown on Plat 349-A-18 in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2, 34 and 35 



85 



Ord. 97- 1 37 1 996- 1 997 Session 



Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close Imla Street, extending from Eastern Avenue, Southerly 
152.5 feet to its southernmost extremity, and more particularly described as 
follows: 

Beginning for Parcel No. 1 at the point formed by the intersection 
of the west side of Imla Street, 60 feet wide, and the south side of 
Eastern Avenue, 85 feet wide, and running thence binding on the south 
side of Eastern Avenue, Easterly 60.0 feet to intersect the east side of 
Imla Street; thence binding on the east side of Imla Street, Southerly 
152.5 feet to intersect the first line of the third parcel of land conveyed 
by Hydro Conduit Corporation to Home Depot U.S.A., Inc., by deed 
dated December 30, 1993, and recorded among the Land Records of 
Baltimore City in Liber S.E.B. No. 4049, Folio 277, and known as 
Parcel C of Exhibit "A" of that deed; thence binding on the 
southernmost extremity of Imla Street and reversely on part of the first 
line of the third parcel of land described in that deed, to the beginning 
thereof, there situate, Westerly 60.0 feet to the west side of Imla Street, 
and thence binding on the west side of Imla Street, Northerly 152.5 feet 
to the place of beginning. 

As delineated on Plat 349-A-18, prepared by the Survey Control 
Section and filed on September 12, 1996, in the Office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of Imla Street and the rights of all interested 
parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 



86 



1 996- 1 997 Session Ord. 97-137 



property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained, That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved April 30, 1997 

Kurt L. Schmoke, Mayor 



87 



Ord. 97-138 1996-1997 Session 



City of Baltimore 
Ordinance 97-138 
Council Bill 97-375 

An Ordinance Concerning 

Supplementary Loan Fund Appropriation — 

Department of Housing and Community Development — 

Program 592 (9911-588-805) — $3,000,000 

FOR the purpose of providing a Supplementary Loan Fund Appropriation in 
the amount of $3,000,000 to the Department of Housing and 
Community Development - Program 592 (991 1-588-805), to provide 
funding for the Settlement Expense Loan Program; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a Loan in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On March 5, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 



88 



1996-1997 Session Ord. 97-139 



Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That $3,000,000 shall be made available to the Department of 
Housing and Community Development - Program 592 (991 1-588-805) as a 
Supplementary Loan Fund Appropriation for Fiscal Year 1997, to provide 
funding for the Settlement Expense Loan Program. The source of revenue 
for this appropriation is a General Obligation Loan (approved by the voters 
on November 5, 1996) in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved April 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-139 
Council Bill 97-382 

An Ordinance Concerning 

Renaming City Property — Leon Day Park 

FOR the purpose of changing the name of Bloomingdale Oval Park, located 
south of Franklintown Road and east of Gwynns Falls stream and 
Western Maryland Railroad, to Leon Day Park. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of Bloomingdale Oval Park, located south of 
Franklintown Road and east of Gwynns Falls stream and Western Maryland 
Railroad, is changed to Leon Day Park. 



89 



Ord. 97- 1 40 1 996- 1 997 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 2, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-140 
Council Bill 97-348 

An Ordinance Concerning 



Zoning — Adding Properties to Conditional Use Parking Lot 
in the Parking Lot District — 215 E. Fayette Street 

For the purpose of permitting, subject to certain conditions, the addition of 
3 properties to the parking lot on the property known as 215 E. Fayette 
Street, as outlined in red on the accompanying plat; and repealing 
certain automatic expiration provisions. 

By authority of 

Article 30 - Zoning 

Section(s) 9.0-3 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Ordinance 94-421 
Sections 2 and 4 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted to add to the open off-street 
parking area on the property known as 215 E. Fayette Street, as established 
by authority of Ordinance 94-421, the properties known as 216-220 E. 
Baltimore Street, as outlined in red on the plat accompanying this 
Ordinance, in accordance with §§ 9.0-3 and 1 1.0-6d of the Baltimore City 
Code, subject to the condition that the parking lot area complies with: 



90 



1 996- 1 997 Session Ord. 97- 1 40 



(a) all conditions imposed by this Ordinance and by Ordinance 94- 
421, as amended by this Ordinance; and 

(b) all applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That the Laws of 
Baltimore City read as follows: 

Ordinance 94-421 

Sec. 2. And be it further ordained, That approval 
for an open off-street parking area at 215 E. Fayette Street AND 
216-220 E. Baltimore Street is granted subject to the 
condition [s: 

1 . The] that the owners of the parking lot are 
required to install hedging and maintain fencing, trees, hedges 
and landscaping as shown on a the site and landscape plan 
approved by the Planning Department dated February 2 1 . 
1997 [; and 

2. This conditional use approval shall expire three 
years from the date of its enactment]. 

Sec. 4. And be it further ordained, That this 
ordinance shall take effect on the 30th day after the date of its 
enactment. [It shall remain effective for a period of 3 years 
and, at the end of that time, with no further action required by 
the City Council, this ordinance shall be abrogated and of no 
further force and effect.] 

Section 3. And be it further ordained. That 3 years from the 
effective date of this Ordinance, the owners of the parking lot must obtain 
confirmation from the Planning Commission that the parking lot is in 
compliance with pertinent zoning requirements and the provisions of this 
Ordinance. 



91 



Ord. 97-141 1 996- 1 997 Session 



Section £4. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 4 5. And be it further ordained, That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



Approved May 20, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-141 
Council Bill 97-394 

An Ordinance Concerning 

Mayor's Commission on Disabilities 

FOR the purpose of providing that representatives of certain city agencies 
serve on the Commission as non- voting associates; providing that a 
representative of the Mayor's Office of Employment Development serve 
as an associate; deleting an obsolete reference to representation of the 
Office of Occupational Medicine and Safety; correcting and clarifying 
certain language; and generally relating to the Mayor's Commission on 
Disabilities. 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 244 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



92 



1 996- 1 997 Session Ord. 97- 1 4 1 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Mayor's Commission on Disabilities 

244. Same; [membership,] MEMBERS, ASSOCIATES, GENERAL provisions, 
(a) Membership. 
The commission [shall consist] CONSISTS OF 23 MEMBERS: 

(1) a Mayor's representative; 

(2) a representative of the City Council; and 

(3) 21 members appointed by the Mayor [pursuant to] under 
Article IV, Section 6 of the Baltimore City Charter [(1964 Revision, as 
amended). All members of the commission shall be residents of Baltimore 
City.], AS FOLLOWS: 

[(1)] (I) 9 [members shall be] persons with disabilities, not 
employed in the field of disabilities; 

[(2)] (II) 3 [members shall be] family members of persons with 
disabilities; and 

[(3)] (IE) 9 [members shall be] representatives of business, 
industry, community organizations, [and] non-profit organizations, and 
organizations representing persons with disabilities, not fewer than three of 
whom [shall be] ARE persons with disabilities [; 

(4) a Mayor's representative; 

(5) a representative of the City Council; and]. 



93 



Ord. 97-141 1996-1997 Session 

(b) Associates. 

[(6) representatives from the following city agencies as members of 
the commission who shall serve as ex officio and non-voting members:] 

One representative from each of the following City 
agencies serves as a non- voting associate: 

[(i) (1) Occupational Medicine and Safety; 

(ii)] (1) Commission on Aging and Retirement Education; 

[(iii)] (2) Health Department; 

[(iv)] (3) Department of Recreation and Parks; 

[( v )] (4) Department of Planning; 

[(vi)] (5) Department of Housing and Community 
Development; 

[(vii)] (6) Office of Promotion and Tourism; 

[(viii) Civil Service Commission;] (7) DEPARTMENT OF 
Personnel; 

[(ix)] (8) Department of Public Works; 

[(*)] (9) Law Department; 

[(xi)] (10) Community Relations Commission; [and] 

[(xii)] (11) Department of Education [.]; AND 

( 1 2) Mayor's Office of Employment Development. 

[(b)] (C) City Council [districts] DISTRICT REPRESENTATION. 

Of the members appointed [in paragraphs (1) and (2)] UNDER 

94 



1 996- 1 997 Session Ord. 97-141 

SUBSECTION (A)(3)(I) AND (n), at least 1 shall be appointed from each of the 
6 councilmanic districts. 

(d) Residency. 

All members of the commission must be residents of 
Baltimore City. 

[(c)] (E) Terms. 

Members [shall] serve for a 4-year term. The initial terms of 
members appointed under subsection (a)[(l), (2), and](3) shall be staggered; 
8 [shall] serve a term of 2 years, 8 [shall] serve a term of 3 years, and the 
remainder [shall] serve a term of 4 years, as designated by the Mayor. 

[(d)] (F) Compensation. 

Members AND ASSOCIATES [shall] serve without compensation. 

[(e)] (G) Vacancies. 

( 1 ) At the end of a term an appointed member serves until a 
successor is appointed and qualifies. 

(2) A member who is appointed after a term has begun serves out 
the rest of the term and until a successor is appointed and qualifies. 

[(f)] (H) Meetings; quorum. 

The commission shall meet on the call of the Mayor or ITS chair as 
frequently as required to perform its duties, but not less than 6 times [each] 
A year. A majority of the members of the commission [shall constitute] 
CONSTITUTES a quorum for the transaction of business and an affirmative 
vote by the majority of a quorum [shall be] IS sufficient for any official 
action. 



95 



Ord. 97- 1 4 1 1 996- 1 997 Session 



[(g)] (i) Rules. 

The commission may adopt rules to govern its meetings and 
operations. 

[(h)] (J) Failure to attend meetings. 

Any member who is absent from more than 25% of the scheduled 
regular meetings, not counting absences excused by the chair, during any 6- 
month period, shall be considered by the Mayor to have resigned and shall 
be so notified by the commission. 

[(i)] (K) Officers. 

The Mayor shall designate an appointed member, representing the 
membership category identified in [Section 244] SUBSECTION (a)[(l)](3)(l), 
as chair of the commission. The [chairperson] CHAIR may select other 
officers. 

[(j)] (L) Committees. 

The chair of the commission may appoint committees to carry out 
the functions and duties of the commission. 

[(k)] (m) Invited participants. 

Representatives of state agencies and other organizations that serve 
the interests of the disabled in Baltimore City may be invited by the 
commission to participate in commission meetings. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 20, 1997 

Kurt L. Schmoke, Mayor 



96 



1 996- 1 997 Session Ord. 97- 1 42 



City of Baltimore 

Ordinance 97-142 

Council Bill 274 

An Ordinance Concerning 

Supplementary General Fund Capital Appropriation — 

Department of Housing and Community Development — 

Program 603 (9911-603-120) — $1,000,000 

For the purpose of providing a Supplementary General Fund Capital 
appropriation in the amount of $ 1 ,000,000 to the Department of 
Housing and Community Development - Program 603 (991 1-603-120), 
to provide funding for the construction of fixed assets and exhibits at 
the Columbus Center; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a Fiscal 1996 
General Fund Reserve in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



97 



Ord. 97- 1 43 1 996- 1 997 Session 



On October 16, 1996, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,000,000 shall be made available to the Department of 
Housing and Community Development - Program 603 (991 1-603-120) - as 
a Supplementary General Fund Capital Appropriation for Fiscal Year 1997, 
to provide funding for the construction of fixed assets and exhibits at the 
Columbus Center. The source of revenue for this appropriation is a Fiscal 
1996 General Fund Reserve in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-143 

Council Bill 291 

An Ordinance Concerning 

Zoning Golf Driving Ranges 



FOR the purpose of adding golf driving ranges to the list of conditional uses 
in all industrial districts . 

By adding 

Article 30 — Zoning 

Section(s) 7.1 lc 5a, 7.2 lc 6a 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1* Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



98 



1 996- 1 997 Session Ord. 97- 1 43 

Baltimore City Code 

Article 30 Zoning 

Chapter 7 Industrial Districts 

7.1 M 1 Industrial District. 

1 . Use r e gulations, 
c. Conditional us e s. 

5a. Golf driving ranges 

7.2 M 2 Industrial District. 

1. Use r e gulations, 
c. Conditional uses. 

6a. Golf driving ranges 

Zoning — Recreational Facilities 

FOR the purpose of adding recreational facilities-indoor and recreational 
facilities-outdoor to the list of conditional uses in the B-3 and B-5 
Business Districts; adding recreational facilities-outdoor to the list of 
conditional uses in the M-l, M-2. and M-3 Industrial Districts; 
removing amusement establishments from the list of permitted uses in 
the B-3 and B-5 Business Districts; providing for certain off-street 
parking spaces; providing the Board with "continuing authority over 
certain uses relating to recreation facilities-outdoor; and defining 
certain terms. 

By repealing 

Article 30 - Zoning 

Section(s) 6.3-lb-2 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By adding 

Article 30 - Zoning 

Sections 6.3-lc-13, 6.3-lc-14, 7.1-lc-lla, 9.0-3. 11.0-3c-4, 
13.0-2-69c-l, 13.0-2-69c-2 



99 



Ord. 97- 1 43 1 996- 1 997 SESSION 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE. That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 — Zoning 

Chapter 6 — Business Districts 

6.3 B-3 Community Commercial District. 
6.3-1 Use regulations. 

b. Permitted uses. 

\2. Amusement establishments-including archery ranges, shooting 
galleries, kiddie parks, golf driving ranges, pitch and putt, miniature golf 
courses, and other similar facilities! 

c. Conditional uses. 

13. Recreational facilities, indoor 

14. recreational facilities, outdoor 

Chapter 7 - Industrial Districts 

7.1 M-l Industrial District. 
7.1-1. Use regulations. 

c. Conditional uses. 

1 1 a. Recreational facilities, outdoor 

Chapter 9 - Off-Street Parking Regulations 

9.0-3. Schedule of required off-street parking spaces. 
Recreation facilities, indoor or outdoor 



100 



1 996- 1 997 Session Ord. 97- 1 43 



All districts one and a half for each tee stand, 

batting cage, miniature golfhole, or 
activity station, or as recommended by 
the Planning Department. 

Chapter 11 - Administration and Enforcement 

1 1.0-3. The Board of Municipal and Zoning Appeals. 

c-4. Conditional uses. Recreational facilities, outdoor. 

The Board shall have continuing authority to review and 
determine the appropriate lighting, screening, and noise level 
standards for any outdoor recreational facility. 

Chapter 13 - Rules and Definitions 

13.0-2. Definitions. 

69C- 1 . Recreational facility, indoor: an enclosed structure 

HOUSING BATTING CAGES, A SPORTS CENTER, KIDDIE PARK, MINIATURE GOLF, 
OR SIMILAR RECREATIONAL FACILITIES, BUT NOT GUN RANGES. 

69C-2. Recreational facility, outdoor: a designated area for 

RECREATIONAL USES SUCH AS GOLF DRIVING RANGES, ARCHERY, RANGES, 

MINIATURE golf, kiddie parks, and baseball batting cages, or other 

SIMILAR RECREATIONAL USES, BUT NOT GUN RANGES. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1 997 

Kurt L. Schmoke, Mayor 



101 



Ord. 97- 1 44 1 996- 1 997 Session 

City of Baltimore 

Ordinance 97-144 

Council Bill 295 

An Ordinance Concerning 

Inventory — City-owned Real Property 

FOR the purpose of requiring the Comptroller and the Director of Finance to 
maintain jointly an inventory of City-owned real property; and generally 
relating to the inventory. 

By adding 

Article 5 - Comptroller and Treasurer 

Section(s) 2A, to be under the new subtitle "Inventory of City-owned 

Real Property" 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section l. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 5 — Comptroller and Treasurer 

Subtitle — Inventory of City-owned Real Property 

2A. Inventory required. 

(a) The Comptroller and the Director of Finance must maintain 
jointly a comprehensive inventory of City-owned real property, 
which must be updated quarterly to reflect acquisitions and 
dispositions. 

(b) For each parcel of property, the inventory must provide the 
following information: 



102 



1 996- 1 997 Session Ord. 97- 1 45 



( 1 ) A STREET ADDRESS OR, IF THERE IS NO STREET ADDRESS, A 
DESCRIPTION SUFFICIENT TO IDENTIFY THE LOCATION OF THE PROPERTY; 

(2) THE DATE WHEN THE ClTY ACQUIRED OR TOOK POSSESSION OF 
THE PROPERTY; 

(3) THE PURCHASE PRICE PAID BY THE ClTY; 

(4) THE NAME OF THE GRANTOR; AND 

(5) AN ESTIMATE OF THE MARKET VALUE OF THE PROPERTY, WHICH 
MUST BE UPDATED BIENNIALLY EVERY 3 YEARS . 

(c) All City agencies that own, acquire, or dispose of real 
property must cooperate comply with requests of the comptroller 
and the Director of Finance in maintaining the inventory. 

(d) The inventory must be kept in the office of the Comptroller 
and must be open for public inspection during regular office hours. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-145 
Council Bill 97-343 

An Ordinance Concerning 

Zoning — Conditional Use Pawnshop 
2105-2107 West Pratt Street 



103 



Ord. 97- 1 45 1 996- 1 997 Session 



For the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a pawnshop on the 
property known as 2105-2107 West Pratt Street, as outlined in red on 
the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3-1(1-20 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

(As amended by Ordinance 96-001 and by Ordinance 96-003) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That permission is granted for the establishment, 
maintenance, and operation of a pawnshop on the property known as 2105- 
2107 West Pratt Street, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.3-ld-20 and 11.0-6d of the 
Baltimore City Code, conditioned on compliance with subject to the 
following conditions: 

1. the floor area for pawnshop operations may not exceed 3,000 

square feet; 

2. windows in the upper floors must be enclosed with glass, not 

boarded up, and kept in good repair; 

3. upper floors may be used for storage and pawnshop offices, but 

must not be used for retail pawnshop operations; 

4. no guns or firearms may be pawned, purchased, or sold on the 

premises; 

5. lighting and signage must be approved by the Planning 

Department; and 

6^ all applicable federal, state, and local licensing or certification 
requirements shall be complied with . 



104 



1 996- 1 997 Session Ord. 97- 1 46 



Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-146 
Council Bill 97-349 

An Ordinance Concerning 

Zoning — Conditional Use Housing for the Elderly — 
711 Walker Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of housing for the elderly on 
the property known as 71 1 Walker Avenue, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.5-ld-6 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



105 



Ord. 97- 1 46 1 996- 1 997 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of housing for the elderly on the property 
known as 7 1 1 Walker Avenue, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 4.5-ld-6 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1. the facility may have no more than 88 units, consisting of 87 

one-bedroom units and 1 two-bedroom unit exclusively for the 
use of a resident manager; 

2. a minimum of 60 off-street parking spaces must be provided on 

the property; 

3. final site plans and elevation plans must be approved by the 

Planning Commission; and 

4^ the housing for the elderly complies must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



106 



1 996- 1 997 Session Ord. 97- 1 47 



City of Baltimore 
Ordinance 97-147 
Council Bill 97-355 

An Ordinance Concerning 

Food Service Facility /Wholesaler's Permit 

FOR the purpose of requiring a person who operates a food service facility 
and sells food at wholesale to other food service facilities to obtain a 
food service facility/wholesaler's permit; defining certain terms; 
requiring an annual inspection fee; correcting certain language; and 
generally relating to the licensing and regulation of food service 
facilities. 

By repealing and reordaining, without amendments 
Article 1 1 - Health 
Section(s) 165(a)2, (b) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article 1 1 - Health 
Section(s) 165(d)(1) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By adding 

Article 1 1 - Health 

Section(s) 165(a)2a, 12 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



107 



Ord. 97- 1 47 1996-1997 Session 

Baltimore City Code 

Article 11 — Health 

Subtitle — Permits and Inspections 

165. Permits and inspections. 

(a) Definitions. 

The FOLLOWING terms [hereinafter set forth], wherever used in this 
subtitle, are defined as follows: 

2. "Food service facility" means any activity in Baltimore City 
whereby food or food products are prepared for sale or service on the 
premises or elsewhere, including but not limited to manufacturing, 
processing, warehousing, packaging, handling, automatic vending or 
distributing, with or without charge, food or food products for consumption 
by the general public; but not including private residences where food or 
food products are prepared for consumption by residents and their invitees. 

2A. "Food service facility/wholesaler" means a person who 

OPERATES A FOOD SERVICE FACILITY AND WHO ALSO SELLS FOOD AT 
WHOLESALE TO OTHER FOOD SERVICE FACILITIES. 

1 2. "Wholesale" means the sale of food products in the City 
of Baltimore to the wholesale or retail trade, including sales by 
brokers, commission merchants, jobbers, packers' agents, food 
service facilities, and itinerant vendors, and includes the sale of 
food to hotels, restaurants, institutions, commissaries, and 
manufacturers, the supplying of branch or chain establishments 
from a central depot or store, and the holding or storage of food 
or food products by bailees. wholesale also includes caterers. 

(b) Permit to operate. 

It [shall be] IS unlawful for any person to operate a food service 
facility without a valid permit from the Baltimore City Health Department. 
[The] A permit [shall be] IS effective for a period of twelve months, unless 



108 



1996-1997 Session Ord. 97-148 

revoked or suspended, and [shall be non-transferrable] MAY NOT BE 
TRANSFERRED from place to place or from person to person. 

(d) Fees. 

(1) Except as [noted] provided in [Sections] Section 165(d)(2)[,] 
and [165(d)](3), an annual inspection fee is levied and imposed upon every 
person operating a food service facility. The fee charged for each separate 
location shall be in accordance with the following schedule: 

(i) High priority facilities $350 

(ii) Moderate priority facilities $250 

(iii) Low priority facilities $150 

(iv) Vending machines $ 8 

(v) Temporary food service facility $ 50 

(vi) Food service facility/wholesaler $450 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1 997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-148 
Council Bill 97-358 

An Ordinance Concerning 



109 






Ord. 97- 1 48 1 996- 1 997 SESSION 



Zoning — Conditional Use 
Parking Lot — 3008 East Northern Parkway 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 3008 East Northern Parkway, as outlined 
in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.3-ld-3 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 3008 East Northern Parkway, as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 4.3- 
ld-3 and 1 1.0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

1. the lot must comply with the site plans dated May 2, 1997; 

2. notice must be posted on the lot that use of the lot is restricted to 
patrons of the pharmacy; and 

3. the parking lot area complies must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 



110 



1 996- 1 997 Session Ord. 97- 1 49 



Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-149 
Council Bill 97-359 

An Ordinance Concerning 

Zoning — Conditional Use Drive-in Restaurant — 
101 West Patapsco Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in restaurant on 
the property known as 101 West Patapsco Avenue, as outlined in red on 
the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3-ld-3 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in restaurant on the property known 
as 101 West Patapsco Avenue, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 6.3-ld-3 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1 . final site plans, elevation plans, and landscape plans must be 
approved by the Planning Commission; 



111 



Ord. 97- 1 50 1 996- 1 997 Session 



2. signage is limited to two stacked vertical identification signs 
without reader boards, one for each street side, each with a 
maximum area of 80 square feet per side (not including gasoline 
prices) and a maximum height of 25 feet; 

3. the existing temporary fence bordering the District Court must be 
redesigned and replaced in cooperation with the District Court, 
and, where applicable, subject to review and approval by the 
Planning Department; 

4. the most southerly drive accessing Potee Street must be 
designated a one-way exit onto Potee Street; and 

5. the drive-in restaurant complies must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-150 
Council Bill 97-380 

An Ordinance Concerning 

112 



1 996- 1 997 Session Ord. 97- 1 50 



Rezoning — 2801 West Patapsco Avenue 

FOR the purpose of changing the zoning for the property known as 2801 
West Patapsco Avenue (Lot 14, Block 751 1 A), as outlined in red on the 
accompanying plat, from the M-l-1 Zoning District to the B-3-1 Zoning 
District. 

BY amending 

Article 30 - Zoning 

Zoning District Maps 

Sheet(s) 73 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 73 of the Zoning District Maps is amended by 
changing from the M-l-1 Zoning District to the B-3-1 Zoning District the 
property known as 2801 West Patapsco Avenue (Lot 14, Block 751 1 A), as 
outlined in red on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



113 



Ord. 97- 1 5 1 1 996- 1 997 Session 



City of Baltimore 
Ordinance 97-151 
Council Bill 97-386 

An Ordinance Concerning 

Inter-Fund Operating Appropriation Transfer — 

Convention Center Bond Redemption Fund to General Fund 

(Conditional Purchase Agreements) — $2,353,080 

For the purpose of transferring a Convention Center Bond Redemption 
Fund (Program 531) Operating Appropriation in the amount of 
$2,353,080 to the General Fund (Conditional Purchase Agreements - 
Debt Service - Program 129), to meet debt service requirements; and 
providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Article VI, Section 9(a)(2) of the City Charter provides that, upon 
recommendation of the Board of Estimates, the City Council by ordinance 
may authorize the transfer of an appropriation contained in the Ordinance of 
Estimates from one municipal agency to another municipal agency. 

The sum of $2,353,080 was appropriated in the Convention Center 
Bond Redemption Fund (Program 531) in the Fiscal 1997 Ordinance of 
Estimates. This sum is not needed for the purpose for which it was 
appropriated and, therefore, is available for transfer to another agency. 

On March 19, 1997, The Board of Estimates recommended the transfer 
authorized by this ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $2,353,080 contained in the Fiscal 1997 



114 



1 996- 1 997 Session Ord. 97- 1 52 



Ordinance of Estimates as a Convention Center Bond Redemption Fund 
(Program 531) operating appropriation is transferred to the General Fund 
(Conditional Purchase Agreements - Debt Service - Program 129). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-152 
Council Bill 97-396 

An Ordinance Concerning 

Sale of City Property — 754-758 West Lexington Street 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 754-758 West Lexington Street, Block 586, Lot 3, Baltimore, 
Maryland and no longer needed for public use; and providing for a 
special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 754-758 West Lexington Street, Block 586, Lot 3, Baltimore, 
Maryland, containing 17,820.2 square feet, more or less, of unimproved 
land, this property being no longer needed for public use. 



115 



Ord. 97-153 1996-1997 Session 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-153 
Council Bill 97-398 

An Ordinance Concerning 

Zoning — Conditional Use — Convalescent, Nursing, or 
Rest Home — 2901 East Strathmore Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
or rest home , with a maximum capacity of 1 3 clients and 2 live-in care- 
givers, on the property known as 2901 East Strathmore Avenue, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.4-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, or rest home , with a 
maximum capacity of 1 3 clients and 2 live-in care-givers, on the property 
known as 2901 East Strathmore Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.4-ld-l 



116 



1 996- 1 997 Session Ord. 97- 1 54 



and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

1. the home must comply with the site plan dated March 21. 1997; 

2. the home must install a ramp for access to the facility by 
handicapped persons; any future replacement of the ramp must 
be in compliance with the Building Code but will not require 
amendment of this conditional use Ordinance; 

3. the operator of the home must receive a parking variance from 
the Board of Municipal Zoning Appeals within 6 months of the 
date this Ordinance is enacted; and 

4^ the home complies must comply with all applicable federal, state, 
and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-154 
Council Bill 97-403 



117 



ORD. 97- 1 54 1 996- 1 997 SESSION 



An Ordinance Concerning 

Zoning — Conditional Use — Drive-In Pharmacy 
1501 North Central Avenue and 1520 Harford Road 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in pharmacy on 
the property properties known as 1501 North Central Avenue and 1520 
Harford Road , as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3- Id- 17 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the property 
properties known as 1501 North Central Avenue and 1520 Harford Road , as 
outlined in red on the plat accompanying this Ordinance, in accordance with 
Article 30, §§ 6.3-ld-17 and 1 1.0-6d of the Baltimore City Code, subject to 
the condition that following conditions: 

1. the pharmacy must comply with the site plan and landscaping 
plan dated April 21, 1997. and with the elevation drawing dated 
July 1996; 

2. changes to the site or landscaping plans or to the elevation must 
be approved by the Planning Department; and 

3. the drive-in pharmacy complies must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 



118 



1996-1997 Session Ord. 97-155 



the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 9, 1 997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-155 
Council Bill 97-410 

An Ordinance Concerning 

Fire Prevention Code of Baltimore City 

FOR the purpose of adopting the Fire Prevention Code of Baltimore City, 
comprising the BOCA National Fire Prevention Code, 10th/1996 
Edition, as supplemented, amended, or otherwise modified by the 
Baltimore City Fire Prevention Code, 1997 Edition; incorporating by 
reference into this Ordinance and enacting as Article 9, Subtitle - Fire 
Prevention Code, of the Baltimore City Code, the BOCA National Fire 
Prevention Code, 10th/1996 Edition, as supplemented, amended, or 
otherwise modified by the Baltimore City Fire Prevention Code, 1 997 
Edition; authorizing the Director of the Department of Legislative 
Reference to correct and renumber section, subsection, and paragraph 
headings and references to conform to the headings and references in 
the BOCA Code; authorizing the Director of the Department of 
Legislative Reference to make certain other technical changes; 
providing for the effect, construction, and effective date of this 
Ordinance and the new Fire Prevention Code; and generally relating to 
the revision and adoption of the Fire Prevention Code of Baltimore 
City. 



119 



Ord. 97- 1 55 1 996- 1 997 Session 



By repealing 

Article 9 - Fire Department and Fire Code 
Subtitle - Fire Prevention Code 
Baltimore City Code 
(As adopted by Ordinance 95-458) 

By approving and adopting 

The Baltimore City Fire Prevention Code, 
1997 Edition 

By adopting 

The Fire Prevention Code of Baltimore City, comprising 
The BOCA National Fire Prevention Code, 10th/1996 Edition 
as supplemented, amended, or otherwise modified by 
The Baltimore City Fire Prevention Code, 1997 Edition 

By adding 

Article 9 - Fire Department and Fire Code 
Subtitle - Fire Prevention Code 
Baltimore City Code 
(As adopted by this Ordinance) 

By repealing and reordaining, with amendments 
Article 1 9 - Police Ordinances 
Section(s) 145(i)(l) 
Baltimore City Code 
(1983 Replacement and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Baltimore City Code Article 9 - Fire Department and 
Fire Code, Subtitle - Fire Prevention Code, as enacted by Ordinance 95- 
458, is repealed. 

Section 2. And be it further ordained, That the Baltimore City 
Fire Prevention Code, 1997 Edition (dated April M ay 27 . 1997), as 
prepared by the Fire Department and edited and published by the 
Department of Legislative Reference, is incorporated by reference into this 
Ordinance and is approved and adopted. 



120 



1 996- 1 997 Session Ord. 97- 1 55 

Section 3. And be it further ordained, That the BOCA National 
Fire Prevention Code, 10th/1996 Edition, as supplemented, amended, or 
otherwise modified by the Baltimore City Fire Prevention Code, 1997 
Edition, is incorporated by reference into this Ordinance and adopted as 
new Baltimore City Code Article 9 - Fire Department and Fire Code, 
Subtitle - Fire Prevention Code, constituting the "Fire Prevention Code of 
Baltimore City". 

Section 4. And be it further ordained. That the Laws of 
Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Special Enforcement Officers 

145. Prepayable citations. 

(i) Enumeration of code violations and penalties. 

The authority of the Special Enforcement Officers to issue citations 
with specified prepayable penalties shall be limited to the following 
provisions of the Baltimore City Code, as those provisions may be amended 
from time to time: 

(1) Article 9. Fire Prevention Code: Penalty 

Sec. F-l 10.1 Unsafe conditions $100 

Sec . F-60 1 . 8 O vercro wdin g 
Violation involving T50-991 1-99 people over capacity 

r$501 $100 
Violation involving 100-199 people OVERCAPACITY 

[$1001 $250 
Violation involving 200 or more people OVER CAPACITY 

r$3001 $500 

Sec. F-608.1 Doors fSlOOl $250 



121 






Ord. 97- 1 55 1 996- 1 997 Session 



Section 4 5. And be it further ordained, That the Director of the 
Department of Legislative Reference shall publish the Baltimore City Fire 
Prevention Code, 1997 Edition, as approved by this Ordinance. In 
preparing the publication, the Director may correct numeration, 
capitalization, spelling, and punctuation as necessary or appropriate, and 
may correct and renumber section, subsection, and paragraph headings and 
references to conform to the headings and references in the BOCA Code 
adopted by this Ordinance. 

Section S 6. And be it further ordained, That the BOCA Code 
incorporated by reference in Section 3 of this Ordinance, together with the 
Baltimore City Fire Prevention Code, 1997 Edition, as edited and published 
by the Director of the Department of Legislative Reference under Section 4 
of this Ordinance, are legalized as the Fire Prevention Code of Baltimore 
City and shall be taken in all courts of this State and by all officials of this 
State and of its various subdivisions to be evidence of Baltimore City Code 
Article 9, Subtitle - Fire Prevention Code. 

Section 6 7. And be it further ordained, That this Ordinance and 
the Fire Prevention Code of Baltimore City adopted by it applies to all 
building operations for which a permit application is filed on or after the 
effective date of this Ordinance. 

Section 7- 8. And be it further ordained, That except as 
expressly provided to the contrary in this Ordinance, any transaction, case, 
proceeding, investigation, or other matter validly begun before the effective 
date of this Ordinance and affected by or flowing from any ordinance 
amended or repealed by this Ordinance, and any right, duty, or interest 
flowing from any ordinance amended or repealed by this Ordinance, 
remains valid after the effective date of this Ordinance and may be 
terminated, completed, enforced, or prosecuted as required or permitted by 
the prior ordinance as though the amendment or repeal has not occurred. If 
any change in nomenclature involves a change in name or designation of 
any City agency or official, the successor agency or official has all the 
powers and obligations granted the predecessor agency or official. 

Section S 9. And be it further ordained, That this Ordinance 
takes effect on the 30th day aft e r the date it is e nact e d July 1. 1997 . 



122 



1 996- 1 997 Session Ord. 97- 1 56 



Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-156 
Council Bill 97-417 

An Ordinance Concerning 



City Property — Renaming Baseball Diamond #6 
in Patterson Park to Herbert "Buck" Gough, Jr., Baseball Diamond 

For the purpose of renaming Baseball Diamond #6, located in Patterson 
Park at 2601 East Baltimore Street, the Herbert "Buck" Gough, Jr., 
Baseball Diamond. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of Baseball Diamond #6, located in Patterson 
Park at 2601 East Baltimore Street, is changed to Herbert "Buck" Gough, 
Jr., Baseball Diamond. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-157 
Council Bill 97-444 



123 






Ord. 97- 1 57 1 996- 1 997 Session 



An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Mayoralty-Related — $3,300,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $3,300,000 to the Mayoralty-Related - 
Program 122 (Miscellaneous General Expenses), to provide funding for 
additional operating expenses for retirees' severance payments; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1 997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 7, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,300,000 shall be made available to the Mayoralty- 
Related - Program 122 (Miscellaneous General Expenses) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1997, to provide funding for additional operating expenses for retirees' 



124 



1996-1997 Session Ord. 97-158 



severance payments. The source of revenue for this appropriation is the 
Transfer Tax in excess of the amount from this source that was relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-158 
Council Bill 97-445 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Mayoralty-Related — $2,900,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $2,900,000 to the Mayoralty-Related - 
Program 35 1 (Retirees' Benefits) for additional operating expenses for 
retirees' health benefit payments; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 



125 



Ord. 97- 1 59 1 996- 1 997 Session 



This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 7, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,900,000 shall be made available to the Mayoralty- 
Related - Program 35 1 (Retirees' Benefits) as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
additional operating expenses for retirees' health benefit payments. The 
sources of revenue for this appropriation are the Recordation Tax 
($1,000,000) and Income Taxes ($1,900,000) in excess of the amount from 
these sources that were relied on by the Board of Estimates in determining 
the tax levy required to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-159 
Council Bill 97-447 

An Ordinance concerning 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $700,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $700,000 to the Department of 



126 



1996-1997 Session Ord. 97-159 



Recreation and Parks - Program 478 (General Park Services), to provide 
funding for additional operating expenses; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 7, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $700,000 shall be made available to the Department of 
Recreation and Parks - Program 478 (General Park Services) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1997, to provide funding for additional operating expenses. The sources of 
revenue for this appropriation are the Transfer Tax ($200,000) and 
Recordation Tax ($500,000) in excess of the amount from these sources that 
were relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



127 



Ord. 97- 1 60 1 996- 1 997 SESSION 



Approved June 9, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-160 
Council Bill 97-448 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Police Department — $303,024 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $303,024 to the Police Department - 
Program 201 (Neighborhood Patrol), to provide funding for the COPS 
MORE '96 program; and providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

On May 7, 1997 the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $303,024 shall be made available to the Police 



128 



1 996- 1 997 Session Ord. 97- 1 6 1 



Department - Program 201 (Neighborhood Patrol) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for the COPS MORE '96 program. The source of revenue for this 
appropriation is the grant from the U.S. Department of Justice in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this ordinance shall 
take effect on the date it is enacted. 

Approved June 9, 1997 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 97-161 
Council Bill 97-361 

An Ordinance Concerning 

Urban Renewal — Inner Harbor East — 
Amendment No. 6 

FOR the purpose of amending the Urban Renewal Plan for Inner Harbor 
East to change the boundaries of the existing Urban Renewal Plan, 
create a new development area, provide standards and controls for the 
new development area, and revise certain exhibits attached to the Plan 
to reflect the changes in the Plan; waiving certain content and 
procedural requirements; making the provisions of this Ordinance 
severable; providing for the application of this Ordinance in 
conjunction with certain other ordinances; generally relating to the 
Urban Renewal Plan for Inner Harbor East; and providing for a special 
effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 



129 



Ord. 97- 1 6 1 1 996- 1 997 Session 



Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Inner Harbor East was originally approved 
by the Mayor and City Council of Baltimore by Ordinance 71-1 188, 
approved November 19, 1971, and was last amended by Ordinance 90-492, 
approved May 24, 1990. 

An amendment to the Urban Renewal Plan for Inner Harbor East is 
necessary to change the boundaries of the existing Urban Renewal Plan, 
create a new development area, provide standards and controls for the new 
development area, and revise certain exhibits attached to the Plan to reflect 
the changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Inner Harbor East 
has been approved by the Director of the Department of Planning for 
conformity to the Master Plan, for the detailed location of any public 
improvements proposed in the amended Urban Renewal Plan, and for 
conformity to existing and proposed zoning classifications. The proposed 
amendment also has been approved and recommended to the Mayor and 
City Council of Baltimore by the Commissioner of the Department of 
Housing and Community Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Inner Harbor East are approved: 

(a) On page 1 of the Plan, in A. PROJECT DESCRIPTION , 1 . 
Boundary Description , strike the following language: 

[thence binding in part on the north side of said Duker Alley, in 

130 



1 996- 1 997 Session Ord. 97-161 



part on the line of the north side of said Duker Alley, if projected 
easterly, and in all, crossing Albemarle Street, Easterly 151 feet, 
more or less, to intersect the east side of Albemarle Street, as now 
laid out 60 feet wide; thence binding on the east side of said 
Albemarle Street, crossing said Duker Alley, Southerly 204 feet, 
more or less, to intersect the north side of Fleet Street, as now laid 
out 70 feet wide; thence binding on the north side of said Fleet 
Street, crossing Exeter Street and Central Avenue, Easterly 724 
feet, more or less, to intersect the east side of Central Avenue, as 
now laid out 100 feet wide;] 

and substitute the following language: 

thence binding in part on the north side of duker alley, in 
part on the line of the north side of duker alley, as 
projected easterly, and in all, crossing albemarle street 
and Exeter Street easterly 694 feet, more or less, thence 
leaving Duker Alley south 193 feet, more or less, to 
intersect the north side of fleet street; thence binding on 
the north side of said fleet street crossing central 
Avenue, easterly 1 8 1 feet, more or less, to intersect the 
east side of central avenue, as now laid out 1 00 feet wide; 

(b) On page 1 1 of the Plan, in G. REGULATIONS. CONTROLS. 
AND RESTRICTIONS , 14. Specific Lot Controls, after h. Development 
Areas 05 and 06 , add paragraph i. as follows: 

i. Development Area R : 

The parcels north of Fleet Str e et ar e int e nded to be a 
transition area b e tween the higher densities permitted on 
Parcels P and Q through Ql and the Little Italy 
n e ighborhood. Th e refor e , the Floor Ar e a Ratio (FAR) 
p e rmitted on Developm e nt Area R is limited to th e FAR of 
the existing building. 

i. Development Area R: 

The parcels north of Fleet Street are intended to be 



131 



Ord. 97- 1 6 1 1 996- 1 997 Session 



A TRANSITION AREA BETWEEN THE HIGHER DENSITIES 

permitted on parcels p and q through 06 and the 
Little Italy neighborhood. Therefore, the Floor 
Area Ratio (TAR) permitted on Development Area R 
is limited to the far of the existing building. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Inner Harbor East, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Inner Harbor East, revised to include Amendment 
No. 6, dated February 24, 1997 March 6, 1997 ", is approved. The Clerk of 
the City Council shall file a copy of the amended Urban Renewal Plan with 
the Department of Legislative Reference as a permanent public record, 
available for public inspection and information. 

Section 3. And be it further ordained, That the boundary 
revision and the land use changes indicated for certain properties and shown 
in the Urban Renewal Plan on Exhibit C, Proposed Land Use, dated as 
revised February 24, 1997 March 6, 1997 , is approved. 

Section 4. And be it further ordained, That the boundary 
revision and, upon its rezoning by separate Ordinance, the change of a 
certain zoning district shown in the Amended Urban Renewal Plan on 
Exhibit E, Zoning, dated as revised February 21, 1997 March 6, 1997 , is 
approved. 

Section 5. And be it further ordained, That the boundary 
revision shown in the Amended Urban Renewal Plan on Exhibit A, Land 
Acquisition, and Exhibit D, Right of Way Adjustments, dated as revised 
February 24, 1997 March 6, 1997 , is approved. 

Section 6. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 7. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 



132 



1 996- 1 997 Session Ord. 97- 1 62 



circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 8. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 9. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 19, 1997 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 97-162 
Council Bill 97-409 

An Ordinance Concerning 

Building Code of Baltimore City 

For the purpose of adopting the Building Code of Baltimore City, 

comprising the Maryland Building Performance Standards, as amended 
effective April 7, 1997, the BOCA National Building Code, 13th/1996 
Edition, the International Mechanical Code, 1996 Edition, the CABO 
Model Energy Code, 1995 Edition, the National Standard Plumbing 
Code, 1996 Edition, the National Fuel Gas Code, 1996 Edition, and the 



133 



Ord. 97- 1 62 1 996- 1 997 SESSION 



National Electrical Code, 1996 Edition, all as supplemented, amended, 
or otherwise modified by the Baltimore City Building Code, 1997 
Interim Edition; incorporating by reference into this Ordinance and 
enacting as Article 32 of the Baltimore City Code, these standards and 
codes, as supplemented, amended, or otherwise modified by the 
Baltimore City Building Code, 1997 Interim Edition; authorizing the 
Director of the Department of Legislative Reference to correct and 
renumber section, subsection, and paragraph headings and references to 
conform to the headings and references in these incorporated standards 
and codes; authorizing the Director of the Department of Legislative 
Reference to make certain other technical changes; providing for the 
effect, construction, and effective date dates of this Ordinance and the 
new Building Code; and generally relating to the revision and adoption 
of the Building Code of Baltimore City. 

By repealing 

Article 32 - Building Code 

Baltimore City Code 

(As adopted by Ordinance 95-465) 

By approving and adopting 

The Baltimore City Building Code, 
1997 Interim Edition 

By adopting 

The Building Code of Baltimore City, comprising 

The Maryland Building Performance Standards, as amended 

effective April 7, 1997 
The BOCA National Building Code, 13th/1996 Edition 
The International Mechanical Code, 1996 Edition 
The CABO Model Energy Code, 1995 Edition 
The National Standard Plumbing Code, 1996 Edition 
The National Fuel Gas Code, 1996 Edition 
The National Electrical Code, 1996 Edition 
as supplemented, amended, or otherwise modified by 
the Baltimore City Building Code, 1997 Interim Edition 

By adding 

Article 32 - Building Code 



134 



1 996- 1 997 Session Ord. 97- 1 62 



Baltimore City Code 

(As adopted by this Ordinance) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Baltimore City Code Article 32 - Building Code, as 
enacted by Ordinance 95-465, is repealed. 

Section 2. And be it further ordained, That the Baltimore City 
Building Code, 1997 Interim Edition (dated May 28, 1997), as prepared by 
the Building Code Committee and edited and published by the D e partment 
of Legislativ e Ref e rence and amended June 9, 1997 , is incorporated by 
reference into this Ordinance and is approved and adopted. 

Section 3. And be it further ordained, That the following 
standards and codes, as supplemented, amended, or otherwise modified by 
the Baltimore City Building Code, 1997 Interim Edition, are incorporated 
by reference into this Ordinance and adopted as new Baltimore City Code 
Article 32 - Building Code, constituting the "Building Code of Baltimore 
City": 

The Maryland Building Performance Standards, as amended 

effective April 7, 1997 
The BOCA National Building Code, 13th/1996 Edition 
The International Mechanical Code, 1996 Edition 
The CABO Model Energy Code, 1995 Edition 
The National Standard Plumbing Code, 1996 Edition 
The National Fuel Gas Code, 1996 Edition 
The National Electrical Code, 1996 Edition 

Section 4. And be it further ordained, That the Director of the 
Department of Legislative Reference shall publish the Baltimore City 
Building Code, 1997 Interim Edition, as approved by this Ordinance. In 
preparing the publication, the Director may correct numeration, 
capitalization, spelling, and punctuation as necessary or appropriate, and 
may correct and renumber section, subsection, and paragraph headings and 
references to conform to the headings and references in the standards and 
codes adopted by this Ordinance. 



135 



Ord. 97- 1 62 1 996- 1 997 Session 



Section 5. And be it further ordained, That the standards and 
codes incorporated by reference in Section 3 of this Ordinance, together 
with the Baltimore City Building Code, 1997 Interim Edition, as edited 
corrected and published by the Director of the Department of Legislative 
Reference under Section 4 of this Ordinance, are legalized as the Building 
Code of Baltimore City and shall be taken in all courts of this State and by 
all officials of this State and of its various subdivisions to be evidence of 
Baltimore City Code Article 32 - Building Code. 

Section 6. And be it further ordained, That this Ordinance and 
the Building Code of Baltimore City adopted by it applies to all building 
operations for which a permit application is filed on or after the effective 
date of this Ordinance. 

Section 7. And be it further ordained, That except as expressly 
provided to the contrary in this Ordinance, any transaction, case, 
proceeding, investigation, or other matter validly begun before the effective 
date of this Ordinance and affected by or flowing from any ordinance 
amended or repealed by this Ordinance, and any right, duty, or interest 
flowing from any ordinance amended or repealed by this Ordinance, 
remains valid after the effective date of this Ordinance and may be 
terminated, completed, enforced, or prosecuted as required or permitted by 
the prior ordinance as though the amendment or repeal has not occurred. If 
any change in nomenclature involves a change in name or designation of 
any City agency or official, the successor agency or official has all the 
powers and obligations granted the predecessor agency or official. 

Section 8. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted the changes made by this 
Ordinance to Section 1 12.0 of the Building Code of Baltimore City take 
effect July 1, 1997, and all other changes made by this Ordinance to the 
Building Code of Baltimore City take effect January 1, 1998 . 

Approved June 19, 1997 

KurtL. SCHMOKE, Mayor 



136 



1 996- 1 997 Session Ord. 97- 1 63 

City of Baltimore 
Ordinance 97-163 
Council Bill 97-432 

An Ordinance Concerning 

Parking tets Facilities — Designated Spaces for Disabled Persons 

For the purpose of requiring that parking let facility spaces designated for 
disabled persons be marked with signs; providing that owners of 
parking lets- facilities with required designated spaces for disabled 
persons must submit annual certification of towing contracts; correcting 
certain obsolete references; and increasing a penalty. 

By repealing and reordaining, with amendments 
Article 3 1 - Transit and Traffic 
Section(s) 67A and 152(m) 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

BY adding 

Article 3 1 - Transit and Traffic 

Section(s) 161, to be under the new subtitle "Parking for Disabled 

Persons: Towing Contracts Required" 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Additional Parking Restrictions 

67A. Space reserved for disabled persons. 
(a) Sign required. 



137 



Ord. 97- 1 63 1 996- 1 997 Session 



Each space restricted to the use of disabled persons must be 
marked by a sign that complies with this section. 

(b) Parking and stopping restricted. 

A vehicle without special registration plates for disabled persons or not 
displaying a disabled person's parking permit issued by the Motor Vehicle 
Administration may not be stopped in a space or zone marked as restricted 
to the use of disabled persons, on private or city-owned property open to the 
use of the general public, provided that the space or zone is marked by a 
sign which meets the following specifications set by the [Commissioner of 
Transit and Traffic] Director OF Public Works: 

[(a)] (1) Sign size 18"x 24" 

[(b)] (2) Wheelchair symbol, white on blue background 

[(c)] (3) Sign to read: Parking for (Wheelchair Symbol) vehicles 
displaying handicapped tags or Motor Vehicle Administration permit. 
Other cars towed away and owner subject to fine. [Ord...] 

[(d)] (4) Red letters on white background and red border. Signs 
shall be approved by the [Commissioner of Transit and Traffic] DIRECTOR 
OF PUBLIC WORKS. After erection of a Handicapped parking sign the owner 
of the property shall notify the [Commissioner of Transit and Traffic] 
Director of Public Works that a sign has been posted in accordance with 
this [ordinance] SECTION. 

Subtitle - Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

(m) Stopping or parking in a space reserved for the handicapped shall 
be a violation punishable by a fine of [$30.00] $200.00. 

Subtitle - Parking for Disabled Persons: 
Towing Contracts Required 

161. Parking tors facilities ; towing contracts required. 

138 






1 996- 1 997 Session Ord. 97- 1 64 



By October 1 , 1 997, and annually thereafter, the owner of any 
parking lot facilities with parking spaces required by law to be 
designated for the use of disabled persons must certify to the 
Mayor's Commission on Disabilities that: 

( 1 ) the owner has a contract for towing service to remove 
from the designated spaces any vehicle that does not display 
special registration plates for disabled persons or a disabled 
person's parking permit; and 

(2) the contract is effective for the period of certification. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 19, 1997 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 

Ordinance 97-164 

Council Bill 105 



An Ordinance Concerning 

Fire and Police Employees' Retirement System 

For the purpose of increasing retiree benefits for members who retired 
before July 1, 1986 and for members who retired b e tween July 1, 1986 
and June 30, 1988. 

By adding 

Article 22 — Retirement Systems 



139 



Ord. 97- 1 64 1 996- 1 997 Session 



Subtitle Fire and Police Employe e s 

Section 31(b)(1)(F) 

Baltimore City Code (1983 Replac e m e nt Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1983 
Replacem e nt Volume, as amended) b e added, repealed, or amended, to read 
as follows: 



Article 22 Retirement Systems 

Fire and Police Employees 



34. Benefits. 



(b) Allowance on service retirement. Upon retirement from service a 
member shall receive a service retirement allowance as follows: 

(1) For any member who retires on or before June 30, 1989, the 
service retirement shall consist of: 

(F) Provided further, however, that members and 
beneficiaries of members who retired between July 1,1986 and June 
30, 1988, and any surviving beneficiary of a member who began 
receiving benefits after July 1, 1986, shaLl receive a .2 percent 
increase in benefits as of july 1 , 1 996. members and beneficiaries of 
members who retired before july 1 , 1 986 and any surviving 
beneficiary of a member who began receiving benefits before july 1 , 

1986 SHALL RECEIVE A 3.7 PERCENT INCREASE IN PERIODIC BENEFITS AS OF 

July 1,1996. 

SEC« 2, And be it further ordained, That this ordinance shall take 
effect on the 30th day after the dat e of its enactment. 

For the purpose of increasing retirees' and beneficiaries ' benefits of 
members who retired before July 1, 1988; directing the allocation of 
excess or deficit earnings of the System: providing certain technical 
amendments to the DROP provisions; providing active employees of 
the Police and Fire Departments with a reduction in their bi-weekly 



140 



1 996- 1 997 Session Ord. 97- 1 64 



contributions; providing a funding source for these benefits; reducing 
the City's annual contribution to the System for fiscal year 1998; 
providing for a special effective date; and generally relating to the Fire 
and Police Employees ' Retirement System. 

By repealing 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement System 

Section 35(b) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining. with amendments 
Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement System 
Sections 36B(i) and (n) 
Baltimore City Code 
(1983 Replacement Volume and 1995 and 1996 Supplements) 

BY adding 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement System 

Sections 34(s) and 36(i) 

Baltimore City Code 

(1983 Replacement Volume and 1995 and 1996 Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows; 

Baltimore City Code 

Article 22 — Retirement Systems 

Subtitle — Fire and Police Employees 

34. Benefits. 

(s) Benefit increases for retirement effective before July 1 , 
1988. 



141 



Ord. 97- 1 64 1 996- 1 997 Session 



(1 ) Members, beneficiaries of members, and any surviving 
beneficiaries of members whose retirement was effective before 
July 1 , 1 986, shall receive a three and seven-tenths percent (3 .7%) 
increase in their retirement benefits as of june 30, 1 997, subject to 
paragraph (3) of this subsection. 

(2) Members, beneficiaries of members, and any surviving 
beneficiaries of members whose retirement was effective on or 
after July 1 , 1 986, and before July 1,1988, shall receive a two- 
tenths OF ONE PERCENT (0.2%) INCREASE IN THEIR RETIREMENT BENEFITS AS 

of June 30, 1 997, subject to paragraph (3) of this subsection. 

(3) the retirement benefit increases provided under 
paragraphs ( 1 ) and (2) of this subsection shall not apply to 
members and their beneficiaries who are receiving benefits under 
Section 34(f)(3) or to beneficiaries of members receiving benefits 
under Section 34(h)(4) or 34(i). 

35. Management of funds. 

[(b) Interest. As of July 1. 1978, the Trustees will determine the 
"carrying value" of the fund in accordance with the asset valuation method 
theretofore employed, and the "adjusted market value" of the fund 
representing an average fair market value as of that date. 

During the 1979 fiscal year, the Trustees will establish a "reserve for 
book value" as of July 1, 1978, equal to the difference as of that date 
between the carrying value and the adjusted market value of the fund. On 
that date and on each annual valuation date thereafter, the value of the fund 
assets for actuarial valuation purposes will be carried at (1) the then current 
adjusted market value, plus (2) the reserve for book value. 

The Board of Trustees annually shall credit regular interest less the 
investment management, custodian and investment advisor costs on the 
mean amount for the preceding year in each of the funds. After payment of 
pension fund management, custodian, and investment adviser services as 
provided in Sections 35(g) and 43(a), any excess of the earnings of the 
funds of this retirement system as determined in accordance with an 
appropriate asset valuation method giving effect to actual earnings of the 



142 



1 996- 1 997 Session Ord. 97- 1 64 



funds, over the earnings based on the regular interest rate used for valuation 
pur poses shall first be applied by the Board of Trustees to meet the 
conditions of any asset averaging method then in use under the system. 

An additional amount equal to one and one-half percent of the mean 
amount for the preceding year in each of the funds will be deducted from 
the remaining excess earnings, if any, and applied by the Board of Trustees 
to reduce the remaining balance, if any, in the "reserve for book value"; to 
the extent the excess earnings are less than one and one-half percent per 
annum, the City of Baltimore shall contribute the difference to the "reserve 
for book value", averaged over a five year period in accordance with the 
asset valuation method theretofore employed. The remaining excess 
earnings, if any, shall next be applied by the Board in such amount or 
amounts as they determine (1) to decrease the amount contributed by the 
City of Baltimore, and/or (2) to decrease the period over which the 
unfunded accrued liability will be amortized as provided in Section 
36(d)(4), and/or (3) to reduce the remaining balance, if any, in the "reserve 
for book value". Any deficiency of the earnings of the funds of this 
retirement system, as determined in accordance with an appropriate asset 
valuation method giving recognition to actual earnings of the funds, below 
the required earnings based on the regular interest rate used for valuation 
purposes shall first be applied to meet the conditions of any asset averaging 
method then in use under the system; the remaining deficiency in earnings, 
if any, shall be applied by the Board of Trustees in such amount or amounts 
as they determine either (1) to increase the amount contributed by the City 
of Baltimore, and/or (2) to increase the period over which the unfunded 
accrued liability will be amortized as provided in Section 36(d)(4). 

The increase or decrease of contribution and/or the increase or decrease 
in length of amortization period shall be determined by the Board after 
receiving the advice of the actuary engaged by the City, on the basis of 
regular interest rate used for valuation purposes, and of such mortality and 
other tables as shall be adopted by the Board of Trustees. 

The Board of Trustees shall use such portion of the net unallocated 
interest surplus (if any) as is deemed necessary by the actuary to cover the 
cost to the City of Baltimore which may result from the implementation of 
Ordinance 762, 1986. effective July 1. 1986. 



143 



Ord. 97- 1 64 1 996- 1 997 Session 



Any unallocated interest surplus in the retirement system as of July 1. 
1987, shall be applied to reduce the unfunded accrued past service liability 
of the system. 

Any unallocated interest surplus as of June 30, 1990, shall be applied 
to reduce the unfunded accrued liability of the system as of June 30, 1990. 

Any net unallocated interest surplus as of June 30, 1992, shall be 
applied as of July 1, 1993, and amortized over twenty (20) years to offset 
the cost of Ordinance No. 262, as it applies to members in active service on 
and after June 30, 1992.1 

36. Method of financing. 

(J) Interest and earnings. 

( 1 ) For the purpose of actuarial valuations, the system' s 
assets shall be carried at current market value and shall be 
valued on each June 30 valuation date at the then current market 

VALUE. 

(2) The Board of Trustees shall annually credit regular 
interest, less the investment management, custodian, and 
investment advisor costs on the average account balances for the 
preceding year, to each of the funds. after payment of fees for 
pension fund management, custodian, and investment advice or 
services as provided in sections 35(g) and 43(a), any excess earnings 
or deficit earnings of the funds of this system ('"funds" shall 
exclude the paid up benefit fund and the contingency reserve fund) 
shall be determined by the system's actuary in accordance with an 
appropriate asset valuation method giving effect to actual 
earnings of the funds over the assumed rate of earnings based on 
the regular interest rate used for valuation purposes. 

(3) Any excess earnings shall be applied by the Board of 
Trustees in the following order: 

(i) to provide post retirement benefit increases as 
provided by Section 36A of this subtitle; 



144 



1 996- 1 997 Session Ord. 97- 1 64 



(ii) to meet the conditions of any asset valuation 
method then in use by the system; 

(m) to meet any requirements, as recommended by the 
system's actuary, adopted by the board of trustees, and, if 
necessary, approved by the mayor and clty council, for changes in 
the assumed rate of regular interest used for valuation purposes 
or for changes in mortality or other assumptions; and 

(iv) subject to paragraphs (6) through ( 1 1 ) of this 
subsection, the remaining excess earnings, if any, may next be 
applied by the board of trustees, at the recommendation of the 
system's actuary, in such amount or amounts as they determine (a) 
to decrease the amount to be contributed by the clty of baltimore, 
and/or (b) to decrease the period over which the unfunded accrued 
liability will be amortized as provided in section 36(d)(4). 

(4) Any deficit earnings shall be applied by the Board of 
Trustees in the following order; 

(i) to meet the conditions of any asset valuation 
method then in use by the system; and 

(n) the remaining deficit earnings, if any, may next be 
applied by the board of trustees, at the recommendation of the 
system's actuary, in such amount or amounts as they determine (a) 
to increase the amount to be contributed by the clty of baltimore, 
and/or (b) to increase the period over which the unfunded accrued 
liability will be amortized as provided in section 36(d)(4). 

(5) For purposes of the June 30, 1 997, valuation through 
the June 30, 2000 valuation, the asset valuation method used by the 
system shall be the valuation method used for the june 30, 1 996 

VALUATION. 

(6) Commencing with the June 30, 1996, valuation date, 
any excess earnings or deficit earnings of the system as of the june 



145 



Ord. 97- 1 64 1 996- 1 997 Session 



30 valuation date not allocated by the board of trustees under 
paragraphs (1) - (4) (hereinafter "unallocated earnings") shall be 
applied as follows: 

(i) one-third (1/3) of the unallocated earnings shall 
be credited or charged to the benefit improvement fund for the 
exclusive purpose of funding future benefit improvements for 
members and beneficiaries of the system; 

(n) two-thirds (2/3) of unallocated earnings shall be 
credited or charged to the employer reserve fund for the 
exclusive purpose of reducing the required annual contributions 
of the City to the system. 

(7) Effective with unallocated earnings as of June 30, 
1997, the first $10 million of unallocated earnings credited to the 
benefit improvement fund shall not be available for funding the 
cost of benefit improvements and the first $20 million of 
unallocated earnings credited to the employer reserve fund shall 
not be available for reducing the city's annual contributions but 
shall instead become permanent, minimum stabilization fund 
balances which shall be restricted in use only for application 
against future earnings deficits of the system. future earnings 
deficits shall be applied in the same one-third (1/3) two-thirds (2/3) 
ratio as excess earnings, provided that such deficits first be 
charged against the minimum stabilization fund balances in each 
of the benefit improvement fund and the employer reserve fund, 
any remaining deficits shall then be charged against the 
unrestricted portions of the benefit improvement fund and the 
employer reserve fund. in the event that future deficits are 
applied against these minimum stabilization fund balances, such 
balances must be replenished before any additional unallocated 
earnings are credited to the unrestricted portions of the benefit 
improvement fund and the employer reserve fund. 

(8) Excess earnings credited to the benefit improvement 
fund shall be used to fund retirement laws newly-enacted by the 
Mayor and City Council to provide benefits for members and 
beneficiaries of the system ('^future benefits"). the cost of future 



146 



1 996- 1 997 Session Ord. 97- 1 64 



benefits shall be calculated by the system's actuary and shall be 
charged against the benefit improvement fund by using an 
actuarial present value method of costing in conjunction with 
actuarial assumptions and methods in place as of the effective 
date of that ordinance. 

(9) any unused balance in the benefit improvement fund 
or the employer reserve fund shall be carried forward to the next 
fiscal year. positive and negative balances in the unrestricted 
portions of the benefit improvement fund and the employer reserve 
fund at the june 30 valuation date shall be credited or charged 
with interest at the rate of eight and one-quarter percent (8.25%), 
compounded annually. 

(10) Notwithstanding paragraphs (6) and (7) of this 
subsection, $16.7 million of the unallocated earnings of the system 
as of June 30, 1996, shall be credited to the benefit improvement 
fund, and $33.3 million of unallocated earnings of this system as 
of June 30, 1 996, shall be credited to the employer reserve fund, 
without establishing the minimum stabilization fund balances in 
either fund. 

(11) Unallocated excess earnings shall be credited or 
deficit earnings shall be charged against the benefit improvement 
fund and the employer reserve fund only through the june 30, 
2000, valuation date. 

( 1 2) Any balance in the benefit improvement fund or the 
employer reserve fund at june 30, 2000, whether positive or 

NEGATIVE, SHALL BE COMBINED WITH THE MINIMUM STABILIZATION FUND 

balance in each respective fund as of june 30, 2000, to produce a 
"combined balance" for each respective fund. 

(13) Any positive combined balance in the benefit 

IMPROVEMENT FUND OR THE EMPLOYER RESERVE FUND AT JUNE 30, 2000, 
SHALL CONTINUE TO EARN INTEREST AT THE RATE OF EIGHT AND ONE- 
QUARTER PERCENT (8.25%) PER ANNUM, COMPOUNDED ANNUALLY, AND MAY 



147 



Ord. 97- 1 64 1 996- 1 997 SESSION 



be used, respectively, to fund future benefits or to reduce the 
City's annual contribution until the balance in each respective 
fund is reduced to zero. 

( 1 4) Any negative combined balance in the benefit 
improvement fund or the employer reserve fund at june 30, 2000. 
shall be applied by the board of trustees in accordance with an 
appropriate asset valuation method as recommended by the 
system's actuary. 

36B. Deferred Retirement Option Plan. 

(i) Ordinary Death Benefit. 

Notwithstanding Section 34(h) of this subtitle, the ordinary death 
benefit payable upon the death of a member who dies during or after a 
DROP participation period shall equal the ordinary death benefit provided 
in Section 34(h), plus the balance of the member's DROP account and 
Annuity Savings Fund sub-account at the time of death, provided that: 

(1) for a member who dies during or at the conclusion of a 
DROP participation period. Section 34(h)(3) shall be applied by assuming 
that the member had elected to have a service retirement allowance 
calculated under subsection (e)(1) of this section paid under Option 3 of 
Section 3400(1) of this subtitle; 

(2) for a member who dies less than five (5) years following the 
conclusion of a DROP participation period. Section 34(h)(3) shall be 
applied by assuming that the member had elected to have a service 
retirement allowance calculated under subsection (f)(1), (2), and (3) of this 
section paid under Option 3 of Section 34(k)(l) of this subtitle; 

(3) for a member who dies five (5) or more years following the 
conclusion of his DROP participation period. Section 34(h)(3) shall be 
applied by assuming that the member had elected to have a service 
retirement allowance calculated under subsection (g)(1) and (2) of this 
section paid under Option 3 of Section 34(k)(l) of this subtitle; 



148 



1 996- 1 997 Session Ord. 97- 1 64 



(4) for a recipient electing to receive ordinary death benefits under 
Section 34(h)(1) and (2) of this subtitle, the balance of the deceased 
member's DROP account and Annuity Savings Fund sub-account shall be 
payable in one lump-sum; fand] 

(5) for a recipient electing to receive ordinary death benefits under 
Section 34(h)(3) of this subtitle, the balance of the deceased member's 
DROP account and Annuity Savings Fund sub-account shall be payable 
pursuant to the election of the recipient under subsection (n); AND 

(6) FOR A RECIPIENT ELECTING TO RECEIVE ORDINARY DEATH 
BENEFITS UNDER SECTION 34(H)(4) OF THIS SUBTITLE, THE BALANCE OF THE 
DECEASED MEMBER'S DROP ACCOUNT AND ANNUITY SAVINGS FUND SUB- 
ACCOUNT SHALL BE PAYABLE PURSUANT TO THE ELECTION OF THE RECIPIENT 
UNDER SUBSECTION (N). 

(n) Form of payment of DROP account balance. 

The total balance of a member's DROP account and Annuity Savings 
Fund sub-account shall be payable in one lump sum as soon as 
administratively feasible after the member's retirement or death. However, 
a member may elect to receive the actuarial equivalent of that balance in the 
same form of periodic payments in which the member has elected to receive 
the remainder of his or her retirement benefit; AND UPON THE RETIRED 
member's death, the drop account and the annuity savings fund 
sub-account shall be paid in the same manner as the member's 
Annuity Savings Fund account. 

The election of the form of payment of the DROP account balance shall 
be made on forms provided by the Board of Trustees and shall be filed with 
the Board. 

Section 2. And be it further ordained. That, notwithstanding 
Section 36(h) or any other provision of Article 22 to the contrary, for any 
member in service who is an employee of the Baltimore City Police 
Department or the Baltimore City Fire Department as of June 30, 1997, the 
amount of contributions that otherwise would have been required under 
Section 36(h) of Article 22, starting with the first payroll date after June 30, 
1997, and continuing for the next 25 payroll periods, shall be reduced by an 



149 



Ord. 97- 1 65 1 996- 1 997 Session 



amount equal to $33.40 for each payroll period. The contribution of an 
employee may not be reduced below zero dollars as a result of this 
reduction. Any reduction in employee contributions funded through net 
unallocated excess earnings, including the amount funded by the June 30, 
1995, excess earnings shall for benefit purposes, be treated as regular 
member contributions. Thus, for eligible DROP participants, the DROP 
Annuity Savings Fund sub-account shall be credited as if the full regular 
member contributions were made by the employee. For eligible members 
who are not DROP participants, the member's Annuity Savings Fund 
account shall be credited as if the full regular member contributions were 
made by the employee. The adjustments to make the DROP and non-DROP 
member accounts whole shall be made according to a method approved by 
the Board of Trustees. 

Section 3. And be it further ordained. That the excess earnings 
as of June 30, 1996, allocated to the Benefit Improvement Fund shall be 
applied, as necessary, to fund (1) the benefits provided to members under 
Section 2 of this Ordinance, and (2) the increases to retirees and 
beneficiaries under new Section 34(s) of Article 22, as enacted by this 
Ordinance. 

Section 4. And be it further ordained. That $ 1 2 million of the 
excess e arnings as of June 30, 1996, allocated to the Employer Reserve 
Fund shall be applied to reduc e the City's Fiscal Year 1998 annual 
contribution to th e Fire and Police Employees' Retirement System. 

Se€33QN-5t And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-165 

Council Bill 244 

An Ordinance Concerning 



150 



1 996- 1 997 Session Ord. 97- 1 65 



Zoning — Conditional Use Housing for the Elderly Convalescent 
Nursing, and Rest Home — 1721 Gwynns Falls Parkway 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of housing for the elderly a 
convalescent, nursing, and rest home, with a maximum capacity of 15 
clients and 2 live-in caregivers, on the property known as 1721 Gwynns 
Falls Parkway, as outlined in red on the accompanying plat. 

BY authority of 

Article 30 - Zoning 

Section(s) 4.8-ld-5 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of housing for the elderly a convalescent, 
nursing, and rest home, with a maximum capacity of 15 clients and 2 live-in 
caregivers, on the property known as 1721 Gwynns Falls Parkway, as 
outlined in red on the plat accompanying this Ordinance, in accordance with 
Article 30, §§ 4.8-ld-5 and 11.0-6d of the Baltimore City Code, conditioned 
on compliance with all applicable federal, state, and local licensing or 
certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



151 



Ord. 97- 1 66 1 996- 1 997 Session 

Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-166 

Council Bill 245 

An Ordinance Concerning 



Zoning — Conditional Use Home for 
Homeless Persons — 1027 , 1029, and 1031 -1043 E. Baltimore Street 

FOR the purpose of permitting , subject to certain conditions, the 

establishment, maintenance, and operation of a home for homeless 
persons on the property known as 1027 , 1029, and 1031 -1043 E. 
Baltimore Street, as outlined in red on the plat accompanying this 
Ordinance. 

BY authority of 

Article 30 - Zoning 

Section(s) 6.3-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a home for homeless persons on the property 
known as 1027 , 1029, and 1031 -1043 E. Baltimore Street, as outlined in red 
on the plat accompanying this Ordinance, in accordance with Article 30, §§ 
6.3-ld-l and 1 1.0-6d of the Baltimore City Code , subject to the following 
conditions: 

1. the facility may have no more than 210 beds, of which no more 
than one-half may be used for the transitional housing program 
and the Spiritual Recovery Program, and at least one-half may be 
used for emergency beds for homeless persons; 



152 



1 996- 1 997 Session Ord. 97- 1 67 



2. 1031-1043 E. Baltimore Street may not be used for residential 
purposes; 

3. the exit to Lloyd Street may only be an emergency exit and may 
not be used for general ingress and egress; 

4. final design plans must be approved by the Planning Department; 
and 

5. the facility must comply with all applicable federal state, and 
local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance; (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, he shall sign the plat; 
and (iii) the Director of Finance then shall transmit a copy of this Ordinance 
and the plat to the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
City, and the Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-167 

Council Bill 264 

An Ordinance Concerning 

Wage Commission 



153 



Ord. 97- 1 67 1 996- 1 997 Session 



For the purpose of providing that the minimum wage be at a rate no less 
than the minimum wage required by federal law; providing that the 
amount paid tipped employees be no less than the amount required by 
federal law; providing for the payment of an opportunity wage under 
certain conditions; clarifying and correcting certain language; and 
providing for a special effective date. 

By repealing and reordaining, with amendments 
Article 19 - Police Ordinances 
Section(s) 65(a) , (d), and (f) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Wage Law 

65. Minimum wage. 

(a) Subject to the other provisions of this "subtitle, every employer 
operating and doing business in Baltimore City shall pay wages to each [of 
his employees therein] EMPLOYEE IN THE City at a rate not less than [three 
dollars and eighty cents ($3.80) per hour beginning July 1, 1990, and four 
dollars and twenty-five cents ($4.25) per hour beginning April 1, 1991] THE 
MINIMUM WAGE REQUIRED BY THE FEDERAL FAIR LABOR STANDARDS ACT A 
AS amended . It [shall be] is a violation of this subtitle for any employer to 
pay any employee a wage [below] LESS than the minimum wage [set forth 
herein] REQUIRED BY THIS SECTION, and it [shall be deemed] IS a separate 
violation each time an employee is not paid the wage required by this 
subtitle at the time the employee is entitled to be paid. 

(d) With respect to any employee engaged in an occupation in which he 
customarily and regularly receives more than [thirty dollars ($30.00) per] 
$30 A month in tips, the employer [may credit up to 45% of the applicable 



154 



1 996- 1 997 Session Ord. 97- 1 68 



minimum wage as coming from tips, and as of March 31. 1 99 1 , 50% of the 
applicable minimum wage as coming from tips, but in all cases the 
employer may do so only if the employee actually received the amount 
Credited.l SHALL PAY WAGES IN THE AMOUNT NOT LESS THAN THE AMOUNT 
REQUIRED TO BE PAID A TIPPED EMPLOYEE UNDER THE FEDERAL FAIR LABOR 

Standards Act, as amended. It fshall bel is the employer's obligation to 
provide evidence of any amount claimed by him as being received by his 
employee as tips. 

(f) An employer may pay fa training! AN opportunity wage (i.e., a 
wage below the minimum wage [authorized herein!) to any employee, but 
only under the conditions and limitations authorized for fsaid trainingl 
OPPORTUNITY wages by the Federal Fair Labor Standards Act Tor the 
Maryland Wage and Hour Lawl, AS AMENDED. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-168 

Council Bill 326 

An Ordinance Concerning 

Retirement Systems 



For the purpose of removing the prohibition against being a member of a 
Baltimore City r e tirement system whil e at the sam e time rec e iving 
retirement benefits from anoth e r Baltimor e City retirement syst e m; and 
providing for a special effective date. 



155 



Ord. 97- 1 68 1 996- 1 997 Session 



By repealing and reordaining, with amendments 
Article 22 — Retirement Systems 
Section(s) 3(a), 9(a)(1), 19(b)(2) and 31(1) 
Baltimore City Code 
(1983 Replacem e nt Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 22 Retirement Sy s tems 

Subtitle Employees' Retirement System 

3. Membership. 

(a) Membership. Membership in th e Retirement System shall begin not 
earlier than the first day of January, nineteen hundred and twenty six. The 
membership shall consist of the following: 

All persons who become employees before July, 1979 and all 
employees who enter or re enter the employment of the City of Baltimore 
after the first day of January, nineteen hundred and twenty six but before 
July 1, 1979, with the exception of those employees who are required to join 
either A Maryland State or any other [retirement systems] retirement 
SYSTEM OF THE City OF BALTIMORE, may become members on their own 
application, and all such employees who shall complete two years of 
employment thereafter, shall becom e members of the Retirement System, 
and shall [receive no pensions or retirement allowance from any pension or 
r e tirement system supported wholly or in part by the City of Baltimore, nor 
shall they] NOT be required to make contributions to any other [pension or] 
retirement system of [said] THE City OF BALTIMORE, anything to the 
contrary notwithstanding[, except as to membership in, obligations under 
and benefits from the Social Security System, established by the Act of 
Congress known generally as "The Social Security Act of 1935" as amended 
from time to time]. 



156 



1 996- 1 997 Session Ord. 97- 1 68 



All persons who become employe e s and all employ ee s who enter or 
reenter the employment of the City of Baltimore on or aft e r July 1 , 1979, 
shall b e subject to the provisions contain e d in S e ction 9 of this subtitl e . 
How e ver, notwithstanding anything to the contrary, any Class A or Class B 
memb e r who is laid off, placed on a reemployment list, and who r e turns to 
City employment from such reemployment list, shall immediately once 
again becom e a Class A or Class B memb e r. 

However, the Board of Estimates may authorize membership for any 
class of part tim e employees; provided, howev e r, that such membership 
shall be prosp e ctive only. 

9. Class C membership. 

(a) Class C membership. Beginning on July 1 , 1 979, th e re shall be a 
new class of m e mbers in the r e tirement system to be known as Class C 
Members, and to be defined as follows: 

(1) All persons w r ho become employees on or after July 1, 1979, 
with the exception of those employees who, AS A RESULT OF THE same 
POSITION OF EMPLOYMENT, are required or eligible to join either A Maryland 
State or ANY other [governmental] retirement [systems] SYSTEM OF A 
POLITICAL subdivision OF this STATE, or who are required again to become 
Class A or Class B Members, shall become Class C M e mbers on the first 
day following the completion of twelve (12) cons e cutiv e months of 
employment [, provided they receive no pensions or retirement benefits as a 
result of any sendee rendered by said employ e es from any pension or 
r e tirement system supported wholly or in part by the City of Baltimor e , 
e xcept as to membership in, obligations under and benefits from the 
Baltimore City Municipal Employees' Deferred Compensation Plan and/or 
the Social Security System, established by the Act of Congr e ss known 
generally as "The Social Security Act of 1935" as amended from tim e to 
time]. 

Subtitle Elected Official s ' Retirement System 

19. Membership. 

(b)(2) Any elected official who becomes a member of this system shall 



157 



Ord. 97- 1 68 1 996- 1 997 Session 



[receive no pensions or retirement allowance from any pension or 
retirement system supported wholly or in part by the City of Baltimore, nor 
Shall they] NOT, AS A RESULT OF THE SAME POSITION OF EMPLOYMENT, be 
required to mak e contributions to any other [pension or] retirement system 
of [said] the City of Baltimore, anything to the contrary not withstan ding [, 
exc e pt as to membership in, obligations under and benefits from the Social 
Security System, established by the Act of Congress known generally as 
"The Social Security Act of 1935" as amended from time to time.] 

Subtitle Fire and Police Employees 

3 1 . Membership. 

The membership in the Retirement System shall consist of the 
following: 

(1) Any person who shall become an employ ee as herein defined after 
the date of establishment shall become a member of the Retirement System 
as a condition of employment, and, AS A RESULT OF THE SAME POSITION OF 
EMPLOYMENT, shall not be entitled to [receive any pension or retirement 
allowance from any other pension or retirement system supported wholly or 
in part by the City of Baltimore, nor shall they] be [members] A MEMBER of 
any other retirement system of THE City of Baltimore, nor shall [they] 
that PERSON be required to make contributions to any other [of said City, 
pension or] retirement system of [said] THE City, anything to the contrary 
notwithstanding. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3, And be it further ordained, That this Ordinance takes 
effect on the dat e it is enacted. 

For the purpose of revising and coordinating certain membership 

provisions of Article 22; allowing, under certain circumstances, an 
employee to become a member of one City retirement system if 



158 



1 996- 1 997 Session Ord. 97- 1 68 

suspending or postponing benefits in another City retirement system; 
clarifying certain language; providing for a special effective date; and 
generally relating to the City's retirement systems. 

By repealing and reordaining, with amendments 
Article 22 - Retirement Systems 

Sections(s) 3(a), 9(a)(1), 9(c)(4)(e), 19(b), 19(c), 31(1), and 36A(a) 
Baltimore City Code 
(1983 Replacement Volume and 1995 and 1996 Supplements) 

By adding 

Article 22 - Retirement Systems 

Section(s) 3(b), 9(a)(la), (lb), and (lc), 17(a)(3) and (4) and 22(q) 

Baltimore City Code 

(1983 Replacement Volume and 1995 and 1996 Supplements) 

BY adding 

Article 22 - Retirement Systems 

Section(s) 46, 47, and 48, to be under the new subtitle "General 

Provisions" 
Baltimore City Code 
(1983 Replacement Volume and 1995 and 1996 Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows; 

Baltimore City Code 

Article 22 — Retirement Systems 

Subtitle — Employees' Retirement System 

3. Membership. 

(a) Membership. 

Membership in the Retirement System shall begin not earlier than [the 
first day ofl January 1, [nineteen hundred and twenty-sixl 1926. The 
membership shall consist of the following: 



159 



Ord. 97- 1 68 1 996- 1 997 Session 



(1) All persons who become employees before JulvIM 1979 and all 
employees who enter or [re-enter] reenter the employment of the City of 
Baltimore after fthe first day of] January 1 , [nineteen hundred and twenty- 
sixl 1926 but before July 1, 1979, with the exception of those employees 
who are required to join either Maryland State or other Retirement Systems, 
may become members on their own application, and all [such] THOSE 
employees who fshalll complete two years of employment thereafter[,] shall 
become members of the Retirement Systemf , and shall receive no pensions 
or retirement allowance from any pension or retirement system supported 
wholly or in part by the City of Baltimore, nor shall they be required to 
make contributions to any other pension or retirement system of said City, 
anything to the contrary notwithstanding, except as to membership in, 
obligations under and benefits from the Social Security System, established 
by the Act of Congress known generally as "The Social Security Act of 
1935" as amended from time to timel AS A CONDITION OF EMPLOYMENT. 

(2) All persons who become employees and all employees who 
enter or reenter the employment of the City of Baltimore on or after July 1 , 
1979, [shall be! ARE subject to fthe provisions contained in Section] §9 of 
this [subtitle] article. However, notwithstanding anything to the contrary, 
any Class A or Class B member who is laid off, placed on a reemployment 
list, and [who] returns to City employment from [such] THE reemployment 
listM shall immediately once again become a Class A or Class B member. 

(3) [However, the] THE Board of Estimates may authorize 
membership for any class of part-time employees [; provided, however, that 
such]. That membership [shall] may only be prospective [only]. 

(b) dual membership precluded. 

td a member may not make contributions to. receive any 
pension or retirement allowance from, or accrue any service 
credit in any other pension or retirement system of the clty of 
Baltimore while at the same time accruing service credit in this 

SYSTEM. 

(2) The prohibition set forth in paragraph ( 1) of this 
subsection does not apply to contributions made to or benefits 
received from: 



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1 996- 1 997 Session Ord. 97- 1 68 



(i) the Baltimore City Municipal Deferred 
Compensation Plan, or 

(n) the Social Security System established by the Act of 
Congress known generally as 'The Social Security Act of 1935", as 

AMENDED FROM TIME TO TIME. 

9. Class C membership. 

(a) Class C membership. 

Beginning Ton] July 1, 1979, there fshall bel IS a new class of members 
in the retirement system, to be known as Class C members LI and Tto bel 
defined as follows: 

(1) All persons who become employees on or after July 1, 1979, 
with the exception of those employees who are required or eligible to join 
either Maryland State or other governmental retirement systems T,l or who 
are required again to become Class A or Class B members M shall fbecome 
Class C membersl, on the first day [following thel after completion of 
ftwelve (12)1 12 consecutive months of employment, become Class C 
members r provided they receive no pensions or retirement benefits as a 
result of any service rendered by said employees from any pension or 
retirement system supported wholly or in part by the City of Baltimore, 
except as to membership in, obligations under and benefits from the 
Baltimore City Municipal Employees' Deferred Compensation Plan and/or 
the Social Security System, established by the Act of Congress known 
generally as "The Social Security Act of 1935" as amended from time to 
time.l AS A CONDITION OF EMPLOYMENT. 

(1 a) A Class C member may not make contributions to, 
receive any pension or retirement allowance from, or accrue any 
service credit in any other pension or retirement system of the city 
of Baltimore while at the same time accruing service credit in this 

SYSTEM. 

( 1 b) The prohibition set forth in paragraph ( 1 a) of this 
subsection does not apply to contributions made to or benefits 
received from: 



161 



Ord. 97- 1 68 1 996- 1 997 Session 



(i) the Baltimore City Municipal Deferred 
Compensation Plan, or 

(n) the Social Security System established by the Act of 
Congress known generally as "the Social Security Act of 1935". as 
amended from time to time. 

(lc) Notwithstanding paragraph (1a) of this subsection. 

AND PURSUANT TO §48 OF THIS ARTICLE, THE FOLLOWING SHALL BECOME 

Class C members of this system and accrue service credit in this 

SYSTEM WHILE EMPLOYED IN A PERMANENT FULL-TIME OR PERMANENT PART- 
TIME POSITION COVERED BY THIS SYSTEM: 

(I) MEMBERS OF ANOTHER CITY SYSTEM WHO WERE ELIGIBLE TO 
BEGIN RECEIVING RETIREMENT BENEFITS FROM THAT SYSTEM BUT WHO 
CHOSE TO POSTPONE RECEIPT OF THOSE BENEFITS AND CHANGE EMPLOYMENT 
TO A POSITION COVERED BY THIS SYSTEM; OR 

(n) RETIREES WHO WERE RECEIVING RETIREMENT BENEFITS 
FROM ANOTHER ClTY SYSTEM BUT WHO CHOSE TO SUSPEND RECEIPT OF 
THOSE BENEFITS AND ACCEPT REEMPLOYMENT IN A POSITION COVERED BY 
THIS SYSTEM. 

(c) Class C service credit. 

(4) Notwithstanding anything to the contrary contained in TSectionl 
§9 Thereof! OF THIS ARTICLE, beginning July 1, 1985, any new employee 
who previously was employed by the HABC Tshalll immediately ["become] 
BECOMES a member of the Employees' Retirement System fuponl ON 
entering City employment, provided that: 

(e) TSuchl THE employee exercises the option to accept City 
employment immediately fuponl ON the transfer to the City of duties 
f which! THAT were previously performed by the HABC under the 
reimbursable service contract. 

RJponl On becoming a member of the Employees' Retirement 
System, fsuchl an employee who meets THE requirements of Tsubsectionsl 
SUBSECTION (c)(4)(a) through (c)(4)(e) of this section fshall havel HAS the 



162 



1 996- 1 997 Session Ord. 97- 1 68 



option, if he or she elects, subject to Internal Revenue Service approval 
within Tone hundred twenty (120)1 120 days of Tsuchl THAT [Internal 
Revenue Service! approval or within Tone hundred twenty (120)1 120 days 
of becoming a City employee, whichever is later, to receive credit for 
service in the Employees' Retirement System for all years, or any portion 
rthereofi OF A YEAR, ["that suchl with which THE employee has been 
credited fwithl in the HABC retirement plan, fin order tol To receive 
fsuch! THIS credit, the employee!",! and, IF NECESSARY, HABC fif necessary,! 
must contribute an amount to the Employees' Retirement System equal to 
the past service liability (Actuarial Liability) that the City would have 
contributed for Tsuchl that past service if [suchl THE employee had been an 
employee of the City for the number of years purchased. The past service 
liability will be calculated by the City's Actuary, using the same methods 
and assumptions used to fund the Employees' Retirement System of 
Baltimore City. TSuch! An employee who elects Tsuchl THIS option [shall! 
IS not [be! subject to the provisions of [Sections! §9(a)[(D! and 9(c)[(l)(iv)1 
of this [subtitle! ARTICLE as they pertain to the receipt by the member of 
HABC retirement plan benefits. [In order to! To receive [suchl THIS credit, 
[such! THE funds must be paid to the Employees' Retirement System within 
[thirty (30)1 30 days after the election of [such! the option. 

If a member elects to buy back his or her HABC retirement service 
credit, as described above, and [thereafter! THEN dies or leaves City 
employment for any reason, with or without any vested benefit to the 
member or member's beneficiary under [the provisions of] this subtitle, then 
he or she or his or her beneficiary [shall be! IS entitled to receive, in lieu of 
any other benefit under [the provisions of] the Employees' Retirement 
System [of Baltimore City!, [such! THE original HABC vested account 
balance contributed by the member into this system, plus interest at the rate 
of [five and one-half percent (5 1/2%)! 5Vi% , in the form of a lump sum. 

17. Post-retirement benefit increases to certain retirees and beneficiaries. 

(a) Eligibility. 

(3) (I) THIS PARAGRAPH (3) APPLIES TO MEMBERS WHO ARE NO 
LONGER EMPLOYED IN A PERMANENT FULL-TIME OR PERMANENT PART-TIME 
POSITION WITH THE ClTY AND WERE EITHER: 



163 



Ord. 97- 1 68 1 996- 1 997 Session 



1 . MEMBERS OF THIS SYSTEM WHO WERE ELIGIBLE TO 
RETIRE BUT CHOSE TO POSTPONE RECEIPT OF RETIREMENT BENEFITS TO BEGIN 
EMPLOYMENT IN A POSITION COVERED BY ANOTHER ClTY SYSTEM; OR 

2. RETIREES WHO WERE RECEIVING RETIREMENT BENEFITS 
FROM THIS SYSTEM BUT CHOSE TO SUSPEND RECEIPT OF THOSE BENEFITS TO 
BEGIN EMPLOYMENT IN A POSITION COVERED BY ANOTHER ClTY SYSTEM. 

(n) Pursuant to §48 of this article and notwithstanding 

THE WATTING PERIOD REQUIRED BY THIS SECTION, MEMBERS DESCRIBED IN 
SUBPARAGRAPH (I) OF THIS PARAGRAPH (3), ON CEASING ALL PERMANENT 
FULL-TIME AND PERMANENT PART-TIME EMPLOYMENT WITH THE ClTY. SHALL 
RECEIVE BENEFITS CALCULATED TO INCLUDE ALL POST-RETIREMENT 
INCREASES. IN ACCORDANCE WITH THE RATES OF INCREASE SET BY THIS 
SYSTEM, THAT THE MEMBER OR RETIREE WOULD HAVE BEEN ELIGIBLE TO 
RECEIVE AS A RETIREE HAD RETIREMENT BENEFITS NOT BEEN POSTPONED OR 
SUSPENDED. 

(4) NOTWITHSTANDING PARAGRAPH (3) OF THIS SUBSECTION. 
FORMER MEMBERS OF THIS SYSTEM WHO CEASED ALL PERMANENT FULL-TIME 
AND PERMANENT PART-TIME EMPLOYMENT COVERED BY THIS SYSTEM, WITH 
ENTITLEMENT TO DEFERRED VESTED PENSION BENEFITS, AND WHO THEN 
CHOSE TO BEGIN EMPLOYMENT IN A POSITION COVERED BY ANOTHER ClTY 
SYSTEM, ON VESTING AND CEASING ALL PERMANENT FULL-TIME AND 
PERMANENT PART-TIME EMPLOYMENT WITH THE ClTY, SHALL RECEIVE 
BENEFITS CALCULATED TO INCLUDE ONLY THOSE POST-RETIREMENT 
INCREASES THAT THE MEMBER OTHERWISE WOULD HAVE BEEN ELIGIBLE TO 
RECEIVE UNDER PARAGRAPH (2) OF THIS SUBSECTION FROM THE 
COMMENCEMENT OF THE FORMER MEMBER'S ACTUAL RECEIPT OF VESTED 
BENEFITS PURSUANT TO §§6(A)(12) AND 9(D OF THIS ARTICLE. 

Subtitle — Elected Officials' Retirement System 

19. Membership. 

(b)(1) [Notwithstanding anything to the contrary, no credit shall be 
issued for any previous service or membership as provided for in 
subsections (a)(l)(2) and (3) above, if the member were receiving or will 
receive a benefit for said service or membership from any other pension 



164 



1 996- 1 997 Session Ord. 97- 1 68 



system. However, this restriction shall not apply with respect to OASDI 
under the Social Security Act, or Title 67. Sections 1331 through 1337 of 
the U.S. Code.l An elected official may not make contributions to, 
receive any pension or retirement allowance from, or accrue any 
service credit in any other pension or retirement system of the city 
of Baltimore while at the same time accruing service credit in this 

SYSTEM. 

(2) TAny elected official who becomes a member of this system 
shall receive no pensions or retirement allowance from any pension or 
retirement system supported wholly or in part by the City of Baltimore, nor 
shall they be required to make contributions to any other pension or 
retirement system of said City, anything to the contrary notwithstanding, 
except as to membership in, obligations under and benefits from the Social 
Security System, established by the Act of Congress known generally as 
"The Social Security Act of 1935" as amended from time to time.1 The 
PROHIBITION SET FORTH IN PARAGRAPH (1 ) OF THIS SUBSECTION DOES NOT 
APPLY TO CONTRIBUTIONS MADE TO OR BENEFITS RECEIVED FROM: 

(i) the Baltimore City Municipal Deferred 
Compensation Plan, or 

(n) the Social Security System established by the Act of 
Congress known generally as "the Social Security Act of 1935", as 
amended from time to time. 

(3) Notwithstanding paragraph a) of this subsection, and 

PURSUANT TO §48 OF THIS ARTICLE, THE FOLLOWING SHALL BECOME 
MEMBERS OF THIS SYSTEM and accrue service credit IN THIS SYSTEM 
while employed in a permanent full-time or permanent part-time 
position covered by this system: 

(l) members of another city system who were eligible to 
begin receiving retirement benefits from that system but who 
chose to postpone receipt of those benefits and change employment 
to a position covered by this system (including former members of 
the Employees ' Retirement System with entitlement to deferred 



165 



Ord. 97- 1 68 1 996- 1 997 Session 



VESTED PENSION BENEFITS FROM THAT SYSTEM, WHO CEASED ALL 
PERMANENT FULL-TIME OR PERMANENT PART TIME EMPLOYMENT COVERED 
BY THAT SYSTEM); OR 

(II) RETIREES WHO WERE RECEIVING RETIREMENT BENEFITS 
FROM ANOTHER CITY SYSTEM BUT WHO CHOSE TO SUSPEND RECEIPT OF 
THOSE BENEFITS AND ACCEPT REEMPLOYMENT IN A POSITION COVERED BY 
THIS SYSTEM. 

(c) Notwithstanding anything to the contrary, any elected official who 
is a member of this retirement system [shall havel has the right at his OR 
HER option to continue membership in the retirement system [f olio win gl 
AFTER his OR HER leaving office or the end of the term of office for which he 
OR SHE was last elected. TThel THIS right fshall bel IS contingent Tupon 
suchl ON that person's making all the payments Twhichl that would have 
been made by him OR HER and also by the City, as determined by the 
actuary, had he OR SHE continued to hold the elected office. rSuchl These 
payments shall be based on the current annual earnable rate of 
compensation [suchl THAT THE person would have received M had he OR 
she remained in office. However, to the extent that any elected 

OFFICIAL LEAVES OFFICE TO BEGIN EMPLOYMENT IN A POSITION COVERED BY 

ANOTHER City system and begins to accrue service credit in that 

OTHER SYSTEM, PURSUANT TO §48 OF THIS ARTICLE, THAT FORMER ELECTED 
OFFICIAL MAY NOT CHOOSE TO CONTINUE ACTIVE MEMBERSHIP IN THIS 
SYSTEM. 

Tin order to] To exercise Tsuchl THIS option, the elected official fshall 
bel IS required to deposit the remainder of all the payments in advance, 
within rthirtv (30)1 30 days [following thel AFTER leaving [ofl office or the 
end of the term of office for which the elected official served, for the current 
fiscal year f which! THAT would have been paid had he OR SHE continued to 
hold [such electivel office. Thereafter, [suchl payments shall be made in 
annual amounts, in advance within [thirty (30)1 30 days of the beginning of 
each [and every] fiscal year. [Suchl THESE payments [ shall] entitle [saidl 
THE official to the same service credit that he OR SHE was receiving as a 
member [prior to his] BEFORE leaving office. [Uponl On accruing [twelve 
(12)1 12 years of membership credits and [fifty (50)1 50 years of age or 
more or [sixteen (16)1 16 years of membership credits, the elected official 
[shall bel IS entitled to receive a service retirement allowance as provided 



166 



1 996- 1 997 Session Ord. 97- 1 68 



for funder the provisions of Sectionl IN §22(b) of this subtitle, computed as 
if he OR SHE were a member retiring from active service. Should a member 
so electing die before he OR SHE becomes eligible for any benefits under this 
subtitle, the amount of his OR HER accumulated contributions with interest to 
the date of fhisl death shall be paid to his OR her estate, or to [suchl the 
person Fasl THAT SHE OR he [shall havel nominated by written designation, 
duly acknowledged and filed with the Board of Trustees at the time of Fhisl 
retirement. TSuchl The deceased member's beneficiary or fhisl estate 
["shall! IS not fbel entitled to any benefit under this subtitle other than the 
return of the deceased member's accumulated contributions. 

22. Benefits. 

(o) Retirement benefit increases. 

(1) This subsection (o) applies to members who are no longer 
employed in a permanent full-time or permanent part-time position 
with the City and were either: 

(i) members of this system who were eligible to retire 
but chose to postpone receipt of retirement benefits to begin 
employment in a position covered by another clty system; or 

op retirees who were receiving retirement benefits 
from this system but chose to suspend receipt of those benefits to 
begin employment in a position covered by another clty system. 

(2) Pursuant to §48 of this article . members described in 
paragraph ( 1 ) of this subsection, on ceasing all permanent full- 
time and permanent part-time employment with the clty, shall 
receive benefits calculated to include all increases in current 
annual earnable compensation set by this system under § 1 7(a)(9) 
that the member or retiree would have been eligible to receive as a 
retiree had retirement benefits not been postponed or suspended. 

Subtitle — Fire and Police Employees ' Retirement System 

3 1 . Membership. 



167 



Ord. 97- 1 68 1 996- 1 997 Session 



The membership in the Retirement System shall consist of the 
following: 

(1)(a) Any person who Tshall becomel BECOMES an employee, as 
herein defined, after the date of establishment shall become a member of the 
Retirement System as a condition of employment! - , and shall not be entitled 
to receive any pension or retirement allowance from any other pension or 
retirement system supported wholly or in part by the City of Baltimore, nor 
shall they be members of any other system, nor shall they be required to 
make contributions to any other of said City, pension or retirement system 
of said City, anything to the contrary notwithstanding!. 

(b) a member may not make contributions to, receive any 
pension or retirement allowance from, or accrue any service 
credit in any other pension or retirement system of the clty of 
Baltimore while at the same time accruing service credit in this 
system, except for membership in, obligations under, and benefits 
from the Baltimore City Municipal Deferred Compensation Plan.. 

(c) Notwithstanding paragraph (b) of this subsection (1), 
and pursuant to §48 of this article, the following shall become 
members of this system and accrue service credit in this system 
while employed in a permanent full-time or permanent part-time 
position covered by this system: 

(i) members of another clty system who were eligible to 
begin receiving retirement benefits from that system but who 
chose to postpone receipt of those benefits and change employment 
to a position covered by this system (including former members of 
the Employees' Retirement System with entitlement to deferred 
vested pension benefits from that system, who ceased all 
permanent full-time or permanent part time employment covered 
by that system); or 

(n) retirees who were receiving retirement benefits 
from another clty system but who chose to suspend receipt of 
those benefits and accept reemployment in a position covered by 
this system. 



168 



1 996- 1 997 Session Ord. 97- 1 68 

36A. Post-retirement benefit increases to certain retirees and beneficiaries, 
(a) Eligibility. 

(1) Each Member who has retired from active service, whether 
before or after the effective date of this ordinance, and each beneficiary of a 
deceased Member who is or will be receiving periodic retirement benefits, 
whether before or after the effective date of this ordinance, and who 
receives periodic benefit payments for ftwo (2)1 2 or more years may be 
eligible for an increase in fsuchl THE periodic benefit determined according 
to this rSectionl §36A. TSuch two] THE 2-year period shall be calculated 
rcommencingl BEGINNING with the effective date of the first retirement 
benefit payment paid to either the retired Member or the beneficiary of a 
deceased Member and shall be determined on June 30 of each year, 
[commencing! BEGINNING with June 30, 1983. Years retired as a 
beneficiary of a former retired Member fshain include the years that the 
Member was retired. Eligible Members and beneficiaries are also referred 
to herein as "persons". 

(2) (i) This paragraph (2) applies to members who are no 

LONGER EMPLOYED IN A PERMANENT FULL-TIME OR PERMANENT PART-TIME 
POSITION WITH THE CITY AND WERE EITHER: 

1 . MEMBERS OF THIS SYSTEM WHO WERE ELIGIBLE TO 
RETIRE BUT CHOSE TO POSTPONE RECEIPT OF RETIREMENT BENEFITS TO BEGIN 
EMPLOYMENT IN A POSITION COVERED BY ANOTHER CITY SYSTEM; OR 

2. RETIREES WHO WERE RECEIVING RETIREMENT BENEFITS 
FROM THIS SYSTEM BUT CHOSE TO SUSPEND RECEIPT OF THOSE BENEFITS TO 
BEGIN EMPLOYMENT IN A POSITION COVERED BY ANOTHER CITY SYSTEM. 

(n) Pursuant to §48 of this article and notwithstanding 

THE WATTING PERIOD REQUIRED BY THIS SECTION, MEMBERS DESCRIBED IN 
SUBPARAGRAPH (i) OF THIS PARAGRAPH (2), ON CEASING ALL PERMANENT 
FULL-TIME AND PERMANENT PART-TIME EMPLOYMENT WITH THE CITY, SHALL 
RECEIVE BENEFITS CALCULATED TO INCLUDE ALL POST-RETIREMENT 
INCREASES, IN ACCORDANCE WITH THE RATES OF INCREASE SET BY THIS 



169 



Ord. 97- 1 68 1 996- 1 997 Session 

system, that the member or retiree would have been eligible to 
receive as a retiree had retirement benefits not been postponed or 
suspended. 

Subtitle — General Provisions 

46. Scope of subtitle. 

This subtitle applies to the Employees' Retirement System, the 
Fire and Police Employees' Retirement System, and the Elected 
Officials ' Retirement System . 

47. Definitions. 

(a) in general. 

In this subtitle, the following words have the meanings 
indicated. 

(b) System. 

"System" means the Employees' Retirement System, the Fire and 
Police Employees' Retirement System, or the Elected Officials' 
Retirement System. 

(c) New system. 

"New system" means the City system in which an employee 
becomes a member on a change of employment with the city. 

(p) Previous system. 

"Previous system" means the City system in which an employee 
was a member immediately before a change of employment with the 
City. 

(e) Terminate employment with the City. 



170 



1 996- 1 997 Session Ord. 97- 1 68 



"Terminate employment with the city" means to end all 
permanent full-time and permanent part-time clty employment. 

48. Contemporaneous membership in one or more City systems. 

(a) in general. 

City employees who are eligible to retire from one or more City 
systems or who are currently receiving benefits from one or more 
City systems, may join another system on beginning employment in 
a position covered by the new system, while retaining service 
CREDIT in the PREVIOUS system but POSTPONING or suspending receipt 
of benefits from the previous system until the member has 
terminated employment with the City. 

(b) Receipt of benefits. 

On terminating employment with the City, any employee may 
receive simultaneous retirement benefits from all systems in which 
he or she has a current benefit, a vested benefit, or suspended 
benefits that were earned while employed by the clty. 

(c) post-retirement increases. 

on terminating employment with theclty, a member's 
retirement benefits that had been postponed or suspended from the 
member's previous system will be calculated to include all post- 
retirement increases that the member would have been eligible to 
receive as a retiree had retirement benefits not been postponed or 
suspended from the member's previous system . 

(p) Election of distribution of death benefits. 

( 1 ) ANY MEMBER ELECTING TO POSTPONE RECEIPT OF RETIREMENT 
BENEFITS FROM A PREVIOUS SYSTEM BY JOINING A NEW SYSTEM SHALL FILE, 
ON A FORM APPROVED BY THE BOARD OF TRUSTEES, A TENTATIVE ELECTION 
TO DISTRIBUTE DEATH BENEFITS. 

(2) THE MEMBER SHALL: 

171 



ORD. 97- 1 68 1 996- 1 997 SESSION 



(i) tentatively elect the payment mode of his or her 
retirement pursuant to §§6(a)(5), 6(c)(3), 9(m), 22(c), and 34( k) of 
this article; and 

(n) designate tentative beneficiaries to receive his or 
her retirement benefits in the event he or she dies before 
terminating employment with the city. 

(3) the member may change this election at any time before 
the member files a permanent application for retirement on 
termination of employment with the city. 

(4) Members of the Employees ' Retirement System who are 
entitled to deferred vested retirement benefits and who join a new 
system before attaining age 55 shall file this tentative election on 
attaining age 55. 

(e) Death benefits. 

( 1 ) Postponement or suspension of benefits in previous 

SYSTEM. 

THE FOLLOWING DEATH BENEFIT SHALL BE PAID ON BEHALF OF ANY 
MEMBER WHO HAD POSTPONED OR SUSPENDED RETIREMENT BENEFITS FROM A 
PREVIOUS SYSTEM AND WHO DIES WHILE IN SERVICE IN HIS OR HER NEW 
SYSTEM WITHOUT HAVING TERMINATED EMPLOYMENT WITH THE ClTY: 

(I) AN ORDINARY, ACCIDENTAL, OR SPECIAL DEATH BENEFIT 
FROM THE MEMBER'S NEW SYSTEM, PURSUANT TO §6(H), 6(l), 9(0)(1), 
9(Q)(2), 9(Q)(3). 22(J), 22(K), 34(H), OR 34(1); AND 

(D) A DEATH BENEFIT FROM THE MEMBER'S PREVIOUS SYSTEM: 

1 . IN THE CASE OF A SUSPENSION, PURSUANT TO THE 
ELECTION OF RETIREMENT BENEFITS MADE AT THE TIME OF APPLYING FOR 
RETIREMENT BENEFITS FROM THE PREVIOUS SYSTEM; OR 

2. IN THE CASE OF A POSTPONEMENT, AS CHOSEN PURSUANT 
TO A TENTATIVE ELECTION MADE UNDER SUBSECTION (D) OF THIS SECTION. 



172 



1 996- 1 997 Session Ord. 97- 1 68 



(2) Death of retiree receiving benefits from two or more 

SYSTEMS. 

If a retiree dies while receiving retirement benefits from 
two or more systems, a death benefit shall be payable from each 
system, in accordance with the applicable provisions of the 
respective systems and the elections made in the application for 

RETIREMENT BY THE RETIREE AT THE TIME HE OR SHE RETIRED FROM EACH 
SYSTEM. 

(3) Death of member who failed to file tentative election. 

The following death benefit shall be payable on behalf of 
any member who had postponed retirement benefits from a previous 
system without filing a tentative election under subsection (d) of 
this section and who dies while in service in his or her new system 
without having terminated employment with the city: 

(i) an ordinary, accidental, or special death benefit 
from the member's new system, pursuant to §6(h), 60), 9(q)( 1), 
9(Q)(2), 9(0)(3). 22m, 2200, 34(h), or 34(1): and 

(n) A DEATH BENEFIT ASSOCIATED WITH THE MAXIMUM 
RETIREMENT BENEFIT ALLOWANCE FROM THE MEMBER'S PREVIOUS SYSTEM, 
PURSUANT TO §6(A)(14). 9(M)(6), 9(m)(7), 22(B) OR 3400(3) - (6). 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1997 

Kurt L. Schmoke, Mayor 



173 



Ord. 97- 1 69 1 996- 1 997 Session 



City of Baltimore 
Ordinance 97-169 
Council Bill 97-341 

An Ordinance Concerning 

Cruising 

FOR the purpose of designating a district within which unnecessary 

repetitive driving of motor vehicles is prohibited between certain hours; 
specifying the boundaries of the district; defining certain terms; 
prohibiting stopping, standing, and parking of motor vehicles in the 
district between certain hours; providing for posting of signs; providing 
certain exceptions; and providing for certain penalties. 

By adding 

Article 3 1 - Transit and Traffic 

Section(s) 160 through 166, inclusive, to be under the new subtitle 

"Cruising" 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Cruising 

160. Findings; purpose. 

(a) The Mayor and City Council find that unnecessary 
repetitive driving in the area designated the "No-Cruising District" 
creates a threat to the public health, safety, and welfare. 



174 



1 996- 1 997 Session Ord. 97-169 

(b) The purpose of this subtitle is to reduce dangerous traffic 
congestion, excessive noise, littering, and pollution, and to ensure 
access for emergency vehicles in the designated area. 

161. Exceptions. 

The prohibitions of this subtitle do not apply to: 

(1) any municipal, emergency, police, fire, ambulance, or other 
governmental vehicle when it is operated in its official capacity; 

(2) any licensed public transportation vehicle; or 

(3) any vehicle when it is operated for business or commercial 
purposes. 

162. Definitions. 

(a) in this subtitle, the following words have the meanings 
dedicated. 

(b) "Cruising" means driving a motor vehicle on a street past a 
traffic control point more than once in any two hour period. 

(c) "District" means the No-Cruising District described in 
Section 163 of this subtitle. 

(d) "Traffic control point" means a clearly identified reference 
point in the No-Cruising District as determined and marked by the 
police department. 

163. Boundaries of No-Cruising District. 

The No-Cruising District is the area bounded by and including: 

(1) Franklin Street on the north; 

(2) Liberty Street and Hopkins Place on the east; 



175 



Ord. 97- 1 69 1 996- 1 997 Session 

(3) Lombard Street on the south; and 

(4) Greene Street on the west. 

164. Prohibitions. 

( a) ( 1 ) A person may not cruise in the District between the hours 
of: 

(i) 10:00 p.m. Friday and 5:00 a.m. Saturday; 

(n) 10:00 p.m. Saturday and 5:00 a.m. Sunday; or 

(m) 10:00 p.m. Sunday and 5:00 a.m. Monday. 

(2) The prohibition specified in paragraph (1) of this 
subsection applies to both: 

(i) the operator of the vehicle; and 

(h) the owner, if present, or if the owner is not present, 
any person present who has the owner's permission to use the 

VEHICLE. 

(b) a person may not stop, stand, or park a vehicle on a street in 
the district between the hours of: 

(1) 10:00 p.m. Friday and 5:00 a.m. Saturday; 

(2) 10:00 p.m. Saturday and 5:00 a.m. Sunday; or 

(3) 10:00 p.m. Sunday and 5:00 a.m. Monday. 

165. Posting. 

The Director of Public Works shall post signs in the District 
that specify the hours during which cruising, stopping, standing, 
and parking are prohibited. 



176 



1 996- 1 997 Session Ord. 97- 1 70 



166. Penalties. 

(a) ( 1 ) A person who violates Section 443- 164(a) is guilty of a 

MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE 
THAN $200. 

(2) Violations of Section 463- 164(a) may be enforced by 
citation under maryland rule 4-201 (b)(3). 

(b) a person who violates section 443- 164(b) is guilty of a 
parking violation punishable by a fine of $50. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-170 
Council Bill 97-342 

An Ordinance Concerning 

Metropolitan District of Baltimore County — 
Extension 131 

FOR the purpose of consenting to and approving a petition to extend the 
Metropolitan District of Baltimore County to a certain tract of land; and 
providing for a special effective date. 

BY authority of 
Chapter 539 
Acts of the General Assembly of 1924 

177 



Ord. 97- 1 7 1 1 996- 1 997 Session 



and 
Chapter 515 
Acts of the General Assembly of 1955 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore consents to and 
approves the petition to extend the Metropolitan District of Baltimore 
County to a tract of land, consisting of approximately 326.67 acres, located 
in the Eleventh Election District of Baltimore County in the vicinity of Red 
Run Boulevard (Phase II), as more particularly shown on the plat labeled 
Extension 131 and filed with the Department of Public Works of Baltimore 
County. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-171 
Council Bill 97-354 

An Ordinance Concerning 

Food Service Manager's Certificate 

FOR the purpose of requiring certification of food service managers in 
certain food service facilities; requiring the Commissioner of Health to 
establish standards and set fees for certificates; requiring that 
instructors and inspectors be certified; providing for the term of a 
certificate; defining a term; correcting certain language; generally 
relating to the licensing and regulation of food service managers; and 
providing for a special effective date. 

By repealing and reordaining, without amendments 
Article 1 1 - Health 
Section(s) 165(a)2, 5 



178 



1 996- 1 997 Session Ord. 97- 1 7 1 



Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article 1 1 - Health 
Section(s) 165(b), (f) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

BY adding 

Article 1 1 - Health 

Section(s) 165(a)2a, (b-1) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 11 — Health 

Subtitle — Permits and Inspections 

165. Permits and inspections. 

(a) Definitions. 

The FOLLOWING terms [hereinafter set forth], wherever used in this 
subtitle, are defined as follows: 

2. "Food service facility" means any activity in Baltimore City 
whereby food or food products are prepared for sale or service on the 
premises or elsewhere, including but not limited to manufacturing, 
processing, warehousing, packaging, handling, automatic vending or 
distributing, with or without charge, food or food products for consumption 
by the general public; but not including private residences where food or 
food products are prepared for consumption by residents and their invitees. 

2A. "Food service manager" means Tiffi one indf/idu^ 
designated by each food service facility, who exercises 
operational supervision in a food service facility. 



179 



Ord. 97-171 1996-1997 SESSION 



5. "Priority assessment" is an evaluation procedure conducted by 
the Commissioner to determine the degree of risk [which] that a food 
service facility poses for a food-borne disease occurrence. Each food 
service facility is classified into one of the following priority assessment 
categories, as defined in COMAR 10.15.03.17: 

(a) High priority facilities, which are at high risk for a food- 
borne disease occurrence; 

(b) Moderate priority facilities, which are at moderate risk for 
a food-borne disease occurrence; and 

(c) Low priority facilities, which are at low risk for a food- 
borne disease occurrence. 

(b) Permit to operate. 

(1) It [shall be] is is unlawful for any person to operate a food 
service facility without a valid permit from the Baltimore City Health 
Department. [The] A permit [shall be] is IS effective for a period of twelve 
months, unless revoked or suspended, and [shall be non-transferrable] MAY 
NOT BE TRANSFERRED from place to place or from person to person. 

(2) Each food service manager employed by a high priority 
or a moderate priority food service facility must be certified by 
the Commissioner under subsection (b- 1 ) of this section. 

(b-1) Food service manager's certificate. 

( 1 ) Within 90 days after employment by a high priority or 
moderate priority food service facility, a food service manager 
must be certified by the commissioner in accordance with this 
subsection. 

(2) The Commissioner shall establish standards and adopt 

RULES FOR THE CERTIFICATION AND RECERTIFICATION AND SUSPENSION AND 
DENIAL OF CERTIFICATION OF A FOOD SERVICE MANAGER, INCLUDING 
MINIMUM REQUIREMENTS FOR INSTRUCTION AND EXAMINATION IN FOOD- 
BORNE DISEASE PREVENTION, SANITATION, HYGIENE, AND FOOD SERVICE 
MANAGEMENT. 



180 



1 996- 1 997 Session Ord. 97- 1 7 1 



(3) The Commissioner shall recognize a certificate granted 
by any subdivision of maryland that has established a food service 
inspection program that is recognized by the commissioner. 

(4) Instructors and inspectors of food service managers 
must be certified in the same manner as food service managers. 

(3) £51 The Commissioner shall set a reasonable fee for the 
issuance and renewal of certificates, to be paid by the food service 
facility that employs the food service manager. 

{4} £61 a food service manager's certificate may be issued 
only in the name of an individual, and shall be valid for 1 year 3 

YEARS . 

(f) Suspension of permits. 

(1) Whenever the Commissioner finds any unsanitary or other 
[conditions] CONDITION [in any food service facility which] THAT in [his] 
the Commissioner's judgment [constitute] constitutes a hazard to the 

public health OR A VIOLATION OF SUBSECTION (B- 1 ) OF THIS SECTION OR ANY 
RULE ADOPTED UNDER SUBSECTION (B- 1 ) OF THIS SECTION , [he] THE 

Commissioner may issue a written notice to the permit holder citing [such] 
THE condition, AND specifying the corrective action to be taken and the time 
within which the action must be taken. 

(2) Whenever a permit holder fails to comply with the notice 
within the time prescribed, [he] THE PERMIT HOLDER shall be notified in 
writing that [his] THE permit is suspended and THAT all food service facility 
operations must immediately be discontinued. The suspension notice shall 
[inform him] STATE that opportunity for a hearing will be provided if[J A 
WRITTEN REQUEST FOR A HEARING IS FILED WITH THE COMMISSIONER within 

ten days of the date of issue of the suspension notice [, he files with the 
Commissioner a written request for a hearing]. 

(3) If [deemed] THE COMMISSIONER CONSIDERS IT necessary in the 
interest of public health, the first notice shall state that the permit is 
suspended, that all food service facility operations are to be immediately 
discontinued, and THAT opportunity for a hearing will be provided if a 
written request for a hearing is filed with the Commissioner by the permit 
holder within ten days of THE NOTICE AND suspension. 



181 



Ord. 97- 1 72 1 996- 1 997 Session 



Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on July 1,1997. 

Approved June 30, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-172 
Council Bill 97-360 

An Ordinance Concerning 

Zoning — Conditional Use Meeting and Banquet Hall — 
801 and a Portion of 825 Yale Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a meeting and banquet 
hall on the property known as 801 and a portion of 825 Yale Avenue, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 12 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a meeting and banquet hall on the property 
known as 801 and a portion of 825 Yale Avenue, as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 6.2- 
ld-12 and 1 1.0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

1 . no liquor licenses other than one-day liquor licenses may be 
issued for the premises; 



182 



1 996- 1 997 Session Ord. 97- 1 72 



2. no gambling other than charitable bingo games and charitable 
raffle events may take place on the premises; 

3. tickets may not be sold at the door; 

4. except for church-sponsored activities, hours of operation are 
only between 6 a.m. and 2 a.m.; 

5. only the following events may be held at the facility: 

weddings and receptions 

showers 

engagement parties 

christenings 

charitable organization events 

birthday parties 

civic association events 

repass services 

community organization events 

religious events; 

6. the maximum capacity of the 6,400 square foot banquet hall is 
limited to 390 persons for banquets and 680 persons for 
meetings; 

7. 100 off-street parking spaces must be provided and designated 
for the banquet hall; 

8. other permitted uses, for which parking must be provided as 
required by the Zoning Ordinance, within the 17,160 square foot 
structure are; 

a commercial kitchen of up to 60' by 30'; 
classrooms; 

offices - governmental, business, professional, and religious; 
child and adult day care; 

support uses such as but not limited to restroom facilities, 
corridors, and accessory storage; 

9. no carnivals other than church-sponsored carnivals are permitted; 
and 



183 



ORD. 97-173 1 996- 1 997 SESSION 



10. the meeting and banquet hall compli e s must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1 997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-173 
Council Bill 97-372 

An Ordinance Concerning 

Zoning — Conditional Use Drive-in Pharmacy — 
3645 Potee Street 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in pharmacy on 
the property known as 3645 Potee Street, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3- Id- 17 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1996 Interim Supplement) 



184 



1 996- 1 997 Session Ord. 97- 1 74 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the property known 
as 3645 Potee Street, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.3-ld-17 and 1 1.0-6d of the 
Baltimore City Code, subject to the condition that following conditions: 

1 . the pharmacy must comply with the site plan and elevation plans 
dated February 6, 1997; 

2. changes to the site or elevation plans must be approved by the 
Planning Department; and 

^ the drive-in pharmacy compli e s must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-174 
Council Bill 97-402 

An Ordinance Concerning 

Metropolitan District of Baltimore County 
Extension 132 



185 



Ord. 97- 1 75 1 996- 1 997 Session 



For the purpose of consenting to and approving a petition to extend the 
Metropolitan District of Baltimore County to a certain tract of land; and 
providing for a special effective date. 

By authority of 
Chapter 539 
Acts of the General Assembly of 1924 

and 
Chapter 515 
Acts of the General Assembly of 1 955 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore consents to and 
approves the petition to extend the Metropolitan District of Baltimore 
County to a tract of land, consisting of approximately 91.242 acres, located 
in the 4C3 Election District of Baltimore County in the vicinity of 
Westminster Pike and Mitchell Drive, as more particularly shown on the 
plat labeled Extension 132 and filed with the Department of Public Works 
of Baltimore County. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1 997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-175 
Council Bill 97-419 

An Ordinance Concerning 

Urban Renewal — Coldspring — Amendment 9 

For the purpose of amending the Urban Renewal Plan for Coldspring to 
add certain uses to the uses permitted in the areas designated for public 
land use, prohibit certain uses in the areas designated for industrial use, 
revise certain exhibits attached to the Plan to reflect changes in the 
Plan; correcting certain language; waiving certain content and 
procedural requirements; making the provisions of this Ordinance 
severable; providing for the application of this Ordinance in 
conjunction with certain other ordinances; generally relating to the 



186 



1996-1997 Session Ord. 97-175 



Urban Renewal Plan for Coldspring; and providing for a special 
effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Coldspring was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 73-242 and last 
amended by Ordinance 95-672. 

An amendment to the Urban Renewal Plan for Coldspring is necessary 
to add certain uses to the uses permitted in the areas designated for public 
land use, prohibit certain uses in the areas designated for industrial use, 
revise certain exhibits attached to the Plan to reflect changes in the Plan, 
and to correct certain language. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Coldspring has been 
approved by the Director of the Department of Planning for conformity to 
the Master Plan, for the detailed location of any public improvements 
proposed in the amended Urban Renewal Plan, and for conformity to 
existing and proposed zoning classifications. The proposed amendment 
also has been approved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing and 
Community Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Coldspring are approved: 

(a) On page (i) of the Plan, in the TABLE OF CONTENTS, under 
STATEMENT OF DEVELOPMENT OBJECTIVES , strike "Recreational" 
and substitute "RECREATION"; and under LAND DISPOSITION 
SUPPLEMENT , strike "Redevelopers"' and substitute "Redeveloper'S". 

187 



Ord. 97- 1 75 1 996- 1 997 Session 



(b) On page (ii) of the Plan, in the TABLE OF CONTENTS, under 
LAND DISPOSITION SUPPLEMENT , strike "Provisions of relocation" 
and substitute "Provision of Relocation", capitalizing the R of 
"Relocation"; and under EXHIBITS, strike the dates of revision for ND 401- 
1, ND 401-2, ND 401-3, and ND 401-4, respectively, and substitute, in each 
case, "4/28/97". 

(c) On page 5 of the Plan, in C. GENERAL LAND USE PLAN , 2. 
Description of Predominant Land Uses , c. Neighborhood Center , after 
"rite", insert a semicolon. 

(d) On page 5 of the Plan, in C. GENERAL LAND USE PLAN , 2. 
Description of Predominant Land Uses , f. Public , after "houses", insert the 
following language: 

, certain City or State-owned institutions, including police, 
fire, and transportation departments; 

(e) On page 6 of the Plan, in C. GENERAL LAND USE PLAN , 2. 
Description of Predominant Land Uses , g. Industrial , at the end of the 
paragraph, add the following language: 

, WITH CERTAIN EXCEPTIONS AS FOLLOWS: NONE OF THE USES LISTED 

below shall be permitted as principal or conditional uses in 
the Industrial Zoning District: flammable liquids - 
manufacturing and storage - but not to exceed the total 
capacity as set forth in table f of section 7 . 1 - 1 e-9 of 
Chapter 7 - Industrial Districts, Zoning Ordinance of 
Baltimore City; gases, non-combustible and non-toxic - 
manufacturing and storage; and serums, toxins, and viruses 
- manufacturing and processing. 

(f) On pages 9 and 10 of the Plan, in E. LAND DISPOSITION 
SUPPLEMENT 3. Redeveloper's Obligations , renumber paragraphs "b" 
through "e", respectively, to be "a" through "d", respectively. 

(g) On pages 10 and 12 of the Plan, in E. LAND DISPOSITION 
SUPPLEMENT , renumber paragraphs "5" through "8", respectively, to be 
"4" through "7", respectively. 

(h) On page 13 of the Plan, in G. PROCEDURES FOR CHANGE IN 
APPROVED PLAN , strike " CHANGE " in the section designation and 
substitute "CHANGES". 



188 



1 996- 1 997 Session Ord. 97- 1 75 



Section 2. And be it further ordained, That the Urban Renewal 
Plan for Coldspring, as amended by this Ordinance and identified as "Urban 
Renewal Plan, Coldspring Neighborhood Development Program Urban 
Renewal Area, revised to include Amendment 9, dated April 28, 1997", is 
approved. The Clerk of the City Council shall file a copy of the amended 
Urban Renewal Plan with the Department of Legislative Reference as a 
permanent public record, available for public inspection and information. 

Section 3. And be it further ordained, That the land use changes 
indicated for certain properties shown in the amended Urban Renewal Plan 
on Exhibit ND 401-1, General Land Use Plan, dated as revised April 28, 
1 997, are approved. 

Section 4. And be it further ordained, That deletion of the 
following properties shown in the amended Urban Renewal Plan on Exhibit 
ND 401-2, Property Acquisition, dated as revised April 28, 1997, is 
approved: 

2001 West Cold Spring Lane 
201 1-13 West Cold Spring Lane 

Section 5. And be it further ordained, That the boundary 
modification of certain existing disposition lots and creation of certain new 
disposition lots shown in the amended Urban Renewal Plan on Exhibit ND 
401-3, Land Disposition, dated as revised April 28, 1997, are approved. 

Section 6. And be it further ordained, That the deletion of 
certain zoning district changes and, upon its rezoning by separate ordinance, 
the change of a certain zoning district shown in the amended Urban 
Renewal Plan on Exhibit ND 401-4, Zoning Districts, dated as revised April 
28, 1997, are approved. 

Section 7. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 8. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 



189 



Ord. 97-176 1996-1997 Session 



any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 9. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 10. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-176 
Council Bill 97-427 

An Ordinance Concerning 

Zoning — Conditional Use — Expanded Boundaries — 
5009 Frankford Avenue 

FOR the purpose of approving expanded boundaries of the nursing home at 
5009 Frankford Avenue, as outlined in red on the accompanying plat. 

BY authority of 

Article 30 - Zoning 

Section(s) 4.5-1 d and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted to expand the boundaries of the 
nursing home located at 5009 Frankford Avenue, previously authorized by 



190 



1 996- 1 997 Session Ord. 97- 1 77 



Ordinance 88-74 and amended by Ordinances 91-650 and 91-820, as 
outlined in red on the plat accompanying this Ordinance, in accordance with 
Article 30, §§ 4.5- Id and 1 1.0-6d of the Baltimore City Code, subject to the 
condition that following conditions: 

1. the nursing home must comply with the site plan, dated May 6, 
1997; 

2. landscaping and lighting design must be approved by the 
Planning Department; 

3. the nursing home must work with the Department of 
Transportation to establish proper signage at the intersection of 
Frankford Avenue and Phillipi Avenue; and 

4^ the nursing home complies must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-177 
Council Bill 97-455 

An Ordinance Concerning 



191 



Ord. 97- 1 77 1 996- 1 997 Session 



Zoning — Conditional Use — Expanded Boundaries — 
824-826 and 832 North Eutaw Street 

FOR the purpose of approving expanded boundaries of the nursing home 
(hospice) at 828-830 North Eutaw Street to include the properties 
known as 824-826 and 832 North Eutaw Street, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted to expand the boundaries of the 
nursing home (hospice) located at 828-830 North Eutaw Street, previously 
authorized by Ordinance 81-546, to include the properties known as 824- 
826 and 832 North Eutaw Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 6.2- Id and 
1 1.0-6d of the Baltimore City Code, subject to the condition that following 
conditions: 

1 . the maximum residential density for the facility is 27 persons, 
including 25 patients (4 in 824 North Eutaw Street, 12 in 828- 
830 North Eutaw Street, and 5 in 832 North Eutaw Street) and 2 
resident managers (1 in 824-826 North Eutaw Street and 1 in 832 
North Eutaw Street); 

2. each resident must have a private room; 

3. parking for the hospice staff and visitors shall be on the 22-space 
parking lot owned by and adjacent to Mount Calvary Episcopal 
Church; and 

4^ the nursing home (hospice) compli e s must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 



192 



1 996- 1 997 Session Ord. 97- 1 78 



the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-178 
Council Bill 97-455 



An Ordinance Concerning 

Ordinance of Estimates for the Fiscal Year Ending June 30, 1998 

FOR the purpose of providing the appropriations estimated to be needed by 
each agency of the City of Baltimore for operating programs and capital 
projects during the fiscal 1998 year. 

By authority of 

Article VI - Board of Estimates 
Section 3 et seq. 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following amounts or so much thereof as shall be 
sufficient are hereby appropriated subject to the provisions hereinafter set 
forth for the purpose of carrying out the programs included in the operating 
budget and the projects listed in the capital budget from the amounts 
estimated to be available in the designated funds during the fiscal year 
ending June 30, 1998. 

A. OPERATING BUDGET 



193 



Ord. 97-178 1996-1997 Session 



Personnel 

160 Personnel Administration 

General Fund Appropriation $ 2,079,13 4 

1,698.634 * 
Special Fund Appropriation $ 13,623 

167 Occupational Medicine And Safety 

General Fund Appropriation $ 623,936 

Community Relations Commission 

156 Development of Intergroup Relations 

General Fund Appropriation $ 759,025 

Federal Fund Appropriation $ 81 ,467 

Comptroller 

130 Executive Direction and Control 

General Fund Appropriation $ 477,801 

131 Audits 

General Fund Appropriation $ 

Special Fund Appropriation $ 

132 Real Estate Acquisition and Management 

General Fund Appropriation $ 

135 Insurance on City Facilities 

General Fund Appropriation $ 

City Council 

100 City Legislation 

General Fund Appropriation $ 



Councilmanic Services 

103 Councilmanic Services 

General Fund Appropriation $ 

Courts: Circuit Court 

110 Circuit Court 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

State Fund Appropriation $ 



*But see Veto Message of 6/12/97 

194 



1996-1997 Session Ord. 97-178 



Courts: Orphans' Court 

112 Orphans' Court 

General Fund Appropriation $ 341 ,620 

Baltimore City Public Schools 

728 Board of School Commissioners 

Education Fund Appropriation $ 342,481 

State Fund Appropriation $ 31,500,000 

729 Office of the Superintendent 

Education Fund Appropriation $ 3,251,1 15 

Special Fund Appropriation $ 459,692 

732 Curriculum and Instruction 

Education Fund Appropriation $ 3,750,151 

Federal Fund Appropriation $ 4,500,060 

State Fund Appropriation $ 272,954 

Special Fund Appropriation $ 2,1 18,155 

741 Area School Services 

Education Fund Appropriation $ 3,288,741 

Federal Fund Appropriation $ 188,155 

State Fund Appropriation $ 56,360 

743 General Instruction 

Education Fund Appropriation $ 255,598,192 

Federal Fund Appropriation $ 37,077,149 

State Fund Appropriation $ 28,632,720 

Special Fund Appropriation $ 2,449,445 

744 Other Instructional Services 

Education Fund Appropriation $ 11 ,602,046 

Federal Fund Appropriation $ 978,085 

State Fund Appropriation $ 513,243 

Special Fund Appropriation $ 148,350 

745 School-Based Staff Development 

Education Fund Appropriation $ 472,870 

Federal Fund Appropriation $ 640,730 

State Fund Appropriation $ 229,783 

746 School Social Work Services 

Education Fund Appropriation $ 4,358,370 

Federal Fund Appropriation $ 409,388 

State Fund Appropriation $ 86,325 

Special Fund Appropriation $ 313,672 

751 Family and Student Support 

Education Fund Appropriation $ 4,199,458 

Federal Fund Appropriation $ 1,384,537 

195 



Ord. 97-178 1996-1997 Session 



State Fund Appropriation $ 180,832 

Special Fund Appropriation $ 256,067 

752 Special Education Monitoring 

Education Fund Appropriation $ 490,647 

Federal Fund Appropriation $ 472,428 

753 Compensatory Programs 

Education Fund Appropriation $ 63,719 

Federal Fund Appropriation $ 1,709,075 

State Fund Appropriation $ 390,260 

754 Career and Technology Instruction 

Education Fund Appropriation $ 14,851,513 

Federal Fund Appropriation $ 2,379,788 

State Fund Appropriation $ 874,620 

755 Adult/Alternative Instruction 

Education Fund Appropriation $ 10,045,968 

Federal Fund Appropriation $ 51,777 

State Fund Appropriation $ 246,861 

Special Fund Appropriation $ 106,876 

756 Special Instruction 

Education Fund Appropriation $ 135,492,061 

Federal Fund Appropriation $ 5,253,942 

State Fund Appropriation $ 41 ,601 

Special Fund Appropriation $ 5,369,841 

757 Special Career and Technology Instruction 

Education Fund Appropriation $ 5,581,586 

Federal Fund Appropriation - $ 339,649 

758 Girted and Talented Instruction 

Education Fund Appropriation $ 2,518,340 

State Fund Appropriation $ 1,000,000 

762 Food Services 

Education Fund Appropriation $ 44,803 

Federal Fund Appropriation $ 20,856,516 

State Fund Appropriation $ 1,260,802 

Special Fund Appropriation $ 3,817,538 

763 Fiscal Management 

Education Fund Appropriation $ 1,048,355 

Federal Fund Appropriation $ 701,240 

State Fund Appropriation $ 341 

Special Fund Appropriation $ 499,825 

764 Transportation 

Motor Vehicle Fund Appropriation $ 3,654,000 

Education Fund Appropriation $ 15,868,976 

196 



1 996- 1 997 Session Ord. 97-178 



Federal Fund Appropriation $ 424,242 

State Fund Appropriation $ 8,987,062 

Special Fund Appropriation $ 2,261 

765 Procurement 

Education Fund Appropriation $ 1,071,553 

Federal Fund Appropriation $ 380,306 

State Fund Appropriation $ 303 

Special Fund Appropriation $ 5,733 

766 School-Controlled Cleaning & Maintenance 

Education Fund Appropriation $ 17,956,512 

Federal Fund Appropriation $ 20,435 

State Fund Appropriation $ 310 

767 Facilities 

Education Fund Appropriation $ 46,551,514 

768 School Police 

Education Fund Appropriation $ 4,869,354 

Federal Fund Appropriation $ 4,588 

State Fund Appropriation $ 43 1 

769 Personnel Services 

Education Fund Appropriation $ 1,905,805 

Federal Fund Appropriation $ 773,745 

State Fund Appropriation $ 617 

Special Fund Appropriation $ 175,850 

780 External Relations 

Education Fund Appropriation $ 1,072,878 

Federal Fund Appropriation t $ 1 16,000 

Special Fund Appropriation $ 24,564 

781 Planning and Strategic Budgeting 

Education Fund Appropriation $ 485,523 

Federal Fund Appropriation $ 166,682 

State Fund Appropriation $ 133 

Special Fund Appropriation $ 2,513 

782 Accountability, Assessment, Research, and Evaluation 

Education Fund Appropriation $ 536,218 

Federal Fund Appropriation $ 561,747 

State Fund Appropriation $ 331 

Special Fund Appropriation $ 6,257 

783 Management Information Systems 

Education Fund Appropriation $ 3,721,138 

Federal Fund Appropriation $ 1,237,741 

State Fund Appropriation $ 986 

Special Fund Appropriation $ 395,361 



197 



Ord. 97-178 1 996- 1 997 SESSION 



784 Staff Development 

Education Fund Appropriation $ 1,397,977 

Federal Fund Appropriation $ 149,995 

State Fund Appropriation $ 345,125 

Board Of Elections 

1 80 Voter Registration and Conduct of Elections 

General Fund Appropriation $ 1,571,405 

Employees' Retirement Systems 

152 Administration, Employees' Retirement System 

Special Fund Appropriation $ 3,268,260 

Finance 

140 Administrative Direction and Control 

General Fund Appropriation $ 565,662 

319,063 

141 Budget and Management Research 

General Fund Appropriation $ 1,560,017 

142 Accounting and Management Information Services 

General Fund Appropriation $ 5,930,757 

L & G Enterprise Fund Appropriation $ 3,324,987 

144 Purchasing 

General Fund Appropriation $ 3,025,988 

150 Treasury Management 

General Fund Appropriation $ 1,247,532 

Fire 

210 Administrative Direction and Control 

General Fund Appropriation $ 1,558,416 

211 Training 

General Fund Appropriation $ 712,015 

212 Fire Suppression 

General Fund Appropriation $ 7 4 ,551,608 

73,951,608 

213 Fire Prevention 

General Fund Appropriation $ 2,094,342 

214 Support Services 

General Fund Appropriation $ 4,519,125 

State Fund Appropriation $ 540,000 



198 



1 996- 1 997 Session Ord. 97- 1 78 



215 Fire Alarm and Communications 

General Fund Appropriation $ 3,330,909 

219 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 576,280 

319 Ambulance Service 

General Fund Appropriation $ 7,289,171 

Special Fund Appropriation S 2,468,485 

Health 

240 Animal Control 

General Fund Appropriation $ 1 ,504,724 

Special Fund Appropriation $ 169,673 

300 Administrative Direction and Control 

General Fund Appropriation $ 2,563,880 

State Fund Appropriation $ 16,583 

302 Environmental Health 

General Fund Appropriation $ 1 ,808,383 

Federal Fund Appropriation $ 270,543 

State Fund Appropriation $ 95,971 

303 Special Purpose Grants 

Special Fund Appropriation $ 2,000,000 

304 Communicable Disease 

General Fund Appropriation $ 2,948,515 

Federal Fund Appropriation $ 16,296,898 

State Fund Appropriation , $ 524,080 

Special Fund Appropriation $ 76,000 

305 Maternal and Infant Services 

General Fund Appropriation $ 962,520 

Federal Fund Appropriation $ 12,889,794 

State Fund Appropriation $ 625,392 

306 General Nursing Services 

General Fund Appropriation $ 713,770 

State Fund Appropriation $ 3,269,277 

307 Mental Health Services 

General Fund Appropriation $ 1 ,549,359 

Federal Fund Appropriation $ 21,149,779 

State Fund Appropriation $ 28,753,540 

308 Child, Adolescent, and Family Health 

General Fund Appropriation $ 1,156,410 

Federal Fund Appropriation $ 16,472,901 



199 



Ord. 97- 1 78 1 996- 1 997 Session 



State Fund Appropriation $ 2,313,353 

Special Fund Appropriation $ 150,000 

310 School Health Services 

General Fund Appropriation $ 3,568,747 

Federal Fund Appropriation $ 369,175 

State Fund Appropriation $ 6,715,174 

311 Health Services for the Aging 

General Fund Appropriation $ 235,498 

Federal Fund Appropriation $ 44,634,539 

Housing and Community Development 

119 Neighborhood Service Centers 

General Fund Appropriation $ 473,450 

Federal Fund Appropriation $ 1 ,644,774 

State Fund Appropriation $ 2,607,814 

177 Administrative Direction and Control 

General Fund Appropriation $ 1,930,093 

Federal Fund Appropriation $ 1 ,568,783 

State Fund Appropriation $ 40,000 

Special Fund Appropriation $ 522,902 

184 Energy Assistance and Emergency Food 

State Fund Appropriation $ 6,799,790 

260 Construction and Building Inspection 

General Fund Appropriation $ 1,607,888 

Federal Fund Appropriation $ 1 ,564,448 

Special Fund Appropriation .- $ 1,048,107 

570 Preservation of Historic Places 

General Fund Appropriation $ 186,657 

Federal Fund Appropriation $ 156,399 

582 Finance and Development 

General Fund Appropriation $ 1,689,383 

Federal Fund Appropriation $ 1,878,825 

583 Neighborhood Services 

General Fund Appropriation $ 4,789,1 1 1 

Federal Fund Appropriation $ 3,157,054 

State Fund Appropriation $ 68,628 

Special Fund Appropriation $ 1 ,700,000 

585 Baltimore Development Corporation 

General Fund Appropriation $ 1 ,976,260 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 61,500 



200 



1996-1997 Session Ord. 97-178 



592 Special Housing Grants 

Federal Fund Appropriation $ 5,422,100 

State Fund Appropriation $ 2,638,098 

593 Community Support Projects 

General Fund Appropriation $ 627,73 1 

Federal Fund Appropriation $ 7,532,527 

597 Weatherization 

State Fund Appropriation $ 1,226,758 

604 Child Care Centers 

Federal Fund Appropriation $ 1,362,050 

605 Head Start 

Federal Fund Appropriation $ 15,337,324 

606 Arts and Education 

Federal Fund Appropriation $ 33,250 

State Fund Appropriation $ 78,610 

Law 

175 Legal Services 

General Fund Appropriation $ 4,268,855 

Legislative Reference 

106 Legislative Reference Services 

General Fund Appropriation $ 437,664 

Special Fund Appropriation $ 1 1,400 

107 Archives and Records Management 

General Fund Appropriation $ 332,536 

Enoch Pratt Free Library 

450 Administrative and Technical Services 

General Fund Appropriation $ 394,355 

State Fund Appropriation $ 90,974 

Special Fund Appropriation $ 142,820 

452 Extension Services 

General Fund Appropriation $ 9,665,1 15 

453 State Library Resource Center 

General Fund Appropriation $ 6,488,704 

State Fund Appropriation $ 3,787,664 



201 



ORD. 97-178 1996-1997 SESSION 



Liquor License Board 

250 Liquor Control 

General Fund Appropriation $ 1,155,256 

Mayoralty 

125 Executive Direction and Control 

General Fund Appropriation $ 3,380,102 

127 Mayor's Office of State Relations 

General Fund Appropriation $ 383,693 

350 Office of Children and Youth 

General Fund Appropriation $ 288,237 

State Fund Appropriation $ 1 10,500 

353 Office of Community Projects 

General Fund Appropriation $ 247,065 

599 Office of International Programs 

General Fund Appropriation $ 148,491 

Mayoralty-related: Contingent Fund 

121 Contingent Fund 

General Fund Appropriation $ 1 ,000,000 

750,000 
Mayoralty-related: Miscellaneous General Expenses 

122 Miscellaneous General Expenses 

General Fund Appropriation r $ 5,162,519 

4.912,549 



Mayoralty-related: Debt Service 

123 General Debt Service 

General Fund Appropriation $ 39,575,286 

Motor Vehicle Fund Appropriation $ 7,828,705 

Education Fund Appropriation $ 572 

Mayoralty-related: Self-Insurance Fund 

126 Contribution to Self-Insurance Fund 

General Fund Appropriation $ 17,926,792 

17.568.256 
Motor Vehicle Fund Appropriation $ 4,947,279 

Mayoralty-related: Conditional Purchase Agreements 

129 Conditional Purchase Agreement Payments 

General Fund Appropriation $ 13,078,879 

L & G Enterprise Fund Appropriation $ 894,013 

202 



1 996- 1 997 Session Ord. 97- 1 78 



Education Fund Appropriation $ 128,564 

Special Fund Appropriation $ 66 

Mayoralty-related: Health and Welfare Grants 

385 Health and Welfare Grants 

General Fund Appropriation $ 81 ,388 

Mayoralty-related: Educational Grants 

446 Educational Grants 

General Fund Appropriation $ 860,085 

Mayoralty-related: Civic Promotion 

590 Civic Promotion 

General Fund Appropriation $ 7,565,369 

Mayoralty-related: Commission for Women 

120 Promotion of Equal Rights for Women 

General Fund Appropriation $ 182,768 

Special Fund Appropriation $ 25,464 

Mayoralty-related: Labor Commissioner 

128 Labor Relations 

General Fund Appropriation $ 454,037 

Mayoralty-related: Coord Council on Criminal Justice 

224 Mayor's Coord Council on Criminal Justice 

General Fund Appropriation $ 299,777 

Federal Fund Appropriation $ 180,000 

Special Fund Appropriation $ 275,000 

Mayoralty-related: Commission on Aging 

324 Aging and Retirement Education 

General Fund Appropriation $ 668,514 

Motor Vehicle Fund Appropriation $ 325,000 

Federal Fund Appropriation $ 5,910,769 

State Fund Appropriation $ 3,540,474 

Special Fund Appropriation $ 55,984 

Mayoralty-related: Art and Culture 

492 Promotion of Art and Culture 

General Fund Appropriation $ 558,516 

Federal Fund Appropriation $ 5,000 

State Fund Appropriation $ 47,181 

Special Fund Appropriation $ 31 1,827 

203 



Ord. 97- 1 78 1 996- 1 997 Session 



493 Art and Culture Grants 

General Fund Appropriation $ 2,861,508 

Mayoralty-related: Convention Complex 

531 Convention Center Operations 

General Fund Appropriation $ 7,419,756 

Convention Center Bond Fund Appropriation $ 4,433,000 

State Fund Appropriation $ 2,361,765 

540 Baltimore Arena Operations 

General Fund Appropriation $ 650,000 

Mayoralty-related: Cable and Communications 

572 Cable and Communications Coordination 

General Fund Appropriation $ 180,664 

Special Fund Appropriation $ 130,000 

Mayoralty-related: Local Share to City Schools 

352 Local Share to City Schools 

General Fund Appropriation $ 195,548,000 

Mayoralty-related: Retirees' Benefits 

351 Retirees' Benefits 

General Fund Appropriation $ 4 1,710,998 

40.710,988 
Mayoralty-related: Office of Homeless Services 

357 Homeless Services and Supportive Housing 

General Fund Appropriation $ 270,702 

Federal Fund Appropriation $ 1 1,587,501 

State Fund Appropriation $ 2,058,177 

Special Fund Appropriation $ 1,000,000 

Mayoralty-related: Office of Employment Development 

630 Administration (Title I) 

General Fund Appropriation $ 166,157 

631 Job Training Partnership (Titles n/HI) 

Federal Fund Appropriation $ 13,964,868 

633 Youth Initiatives 

Federal Fund Appropriation $ 5,057,1 10 

639 Special Services 

General Fund Appropriation $ 816,607 

Federal Fund Appropriation $ 4,825,535 

State Fund Appropriation $ 4,072,063 

204 



1 996- 1 997 Session Ord. 97- 1 78 



Museum of Art 

489 Operation of Museum of Art 

General Fund Appropriation $ 2,790,051 

Planning 

187 City Planning 

General Fund Appropriation $ 1,190,821 

Motor Vehicle Fund Appropriation $ 796,376 

Federal Fund Appropriation $ 804,844 

State Fund Appropriation $ 46,000 

Police 

200 Administrative Direction and Control 

General Fund Appropriation $ 12,866,902 

201 Field Operations Bureau 

General Fund Appropriation $ 125,247,092 

123,847.092 

Federal Fund Appropriation $ 8,106,335 

State Fund Appropriation $ 7,370,782 

202 Investigations 

General Fund Appropriation $ 17,210,414 

Special Fund Appropriation $ 425,000 

203 Traffic 

Motor Vehicle Fund Appropriation $ 9,319,103 

State Fund Appropriation $ 50,000 

204 Services Bureau 

General Fund Appropriation $ 25,889,661 

Special Fund Appropriation $ 1,684,571 

205 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 6,939,150 

207 Research and Development 

General Fund Appropriation $ 2,187,088 

Public Works 

190 Departmental Administration 

General Fund Appropriation $ 103,896 

191 Permits 

General Fund Appropriation $ 191,309 

Motor Vehicle Fund Appropriation $ 2,190,787 



205 



Ord. 97-178 1996-1997 Session 



193 Building Maintenance 

General Fund Appropriation $ 12,268,896 

195 Towing 

General Fund Appropriation $ 429,446 

Motor Vehicle Fund Appropriation $ 4,889,028 

State Fund Appropriation $ 19,884 

198 Building Engineering 

General Fund Appropriation $ 254,137 

230 Bureau Administration 

Motor Vehicle Fund Appropriation $ 6,421,180 

231 Traffic Engineering 

Motor Vehicle Fund Appropriation $ 3,796,177 

232 Parking Management 

Parking Management Fund Appropriation $ 3,825,865 

Federal Fund Appropriation $ 92,814 

233 Signs & Markings 

Motor Vehicle Fund Appropriation $ 3,988,643 

State Fund Appropriation $ 13,000 

235 Parking Enforcement 

Parking Management Fund Appropriation $ 4,293,135 

239 Traffic Computer & Communications 

Motor Vehicle Fund Appropriation $ 1,757,612 

500 Street Lighting 

Motor Vehicle Fund Appropriation $ 15,948,338 

501 Highway Maintenance 

Motor Vehicle Fund Appropriation $ 30,844,401 

503 Highway Engineering 

Motor Vehicle Fund Appropriation $ 1,689,719 

513 Solid Waste Maintenance 

General Fund Appropriation $ 221,713 

Motor Vehicle Fund Appropriation $ 19,905,802 

515 Solid Waste Collection 

General Fund Appropriation $ 15,362,288 

Motor Vehicle Fund Appropriation $ 2,008,896 

516 Solid Waste Disposal 

General Fund Appropriation $ 15,599,000 

Motor Vehicle Fund Appropriation $ 2,128,936 



206 



1996-1997 Session Ord. 97-178 



518 Storm Water Maintenance 

Motor Vehicle Fund Appropriation $ 3,678,158 

544 Sanitary Maintenance 

Waste Water Utility Fund Appropriation $ 1 1,065,501 

546 Water Maintenance 

Water Utility Fund Appropriation $ 22,315,147 

548 Conduits 

General Fund Appropriation $ 2,038,559 

550 Waste Water Facilities 

Waste Water Utility Fund Appropriation $ 75,732,235 

552 Water Facilities 

Water Utility Fund Appropriation $ 24,335,319 

553 Water Engineering 

Water Utility Fund Appropriation $ 8,101,630 

554 Waste Water Engineering 

Waste Water Utility Fund Appropriation $ 12,301,426 

555 Environmental Services 

Waste Water Utility Fund Appropriation $ 2,872,524 

Water Utility Fund Appropriation $ 631,180 

560 Facilities Engineering 

Waste Water Utility Fund Appropriation $ 428,683 

Water Utility Fund Appropriation $ 122,449 

561 Utility Billing 

Water Utility Fund Appropriation $ 6,974,955 

565 Utility Debt Service 

Waste Water Utility Fund Appropriation $ 9,168,631 

Water Utility Fund Appropriation $ 1 1,344,320 

580 Parking Enterprise Facilities 

Parking Enterprise Fund Appropriation $ 13,850,000 

Recreation And Parks 

471 Administrative Direction and Control 

General Fund Appropriation $ 1,658,619 

State Fund Appropriation $ 65,560 

473 Municipal Concerts and other Musical Events 

General Fund Appropriation $ 63,912 



207 



Ord. 97-178 1996-1997 Session 



478 General Park Services 

General Fund Appropriation $ 12,487,334 

Motor Vehicle Fund Appropriation $ 241,808 

State Fund Appropriation $ 714,960 

479 Special Facilities 

General Fund Appropriation $ 2,156,703 

Special Fund Appropriation $ 123,000 

480 Regular Recreational Services 

General Fund Appropriation $ 8,698,034 

Special Fund Appropriation $ 12,630 

482 Supplementary Recreational Services 

State Fund Appropriation $ 2,120,263 

Special Fund Appropriation $ 1,176,708 

505 Park and Street Trees 

General Fund Appropriation $ 251,570 

Motor Vehicle Fund Appropriation $ 2,269,052 

Sheriff 

118 Sheriff Services 

General Fund Appropriation $ 6,181,992 

Social Services 

365 Public Assistance 

General Fund Appropriation $ 226,026 

State's Attorney 

115 Prosecution of Criminals 

General Fund Appropriation $ 13,197,733 

Federal Fund Appropriation $ 895,391 

State Fund Appropriation $ 1,280,423 

Special Fund Appropriation $ 89,776 

Wage Commission 

165 Wage Enforcement 

General Fund Appropriation $ 331,569 

War Memorial Commission 

487 Operation of War Memorial Building 

General Fund Appropriation $ 264,234 



208 



1996-1997 Session Ord. 97-178 



Municipal and Zoning Appeals 

185 Zoning, Tax, and other Appeals 

General Fund Appropriation $ 343,868 



INTERNAL SERVICE FUND AUTHORIZATIONS 
COMPTROLLER, DEPARTMENT OF 

130 Executive Direction and Control 

An internal service fund is hereby authorized to provide for the administration of the 
Municipal Telephone Exchange and the Municipal Post Office, the cost of which is to be 
recovered from using agencies. 

133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for operation of a Municipal 
Telephone Exchange, the costs of which are to be recovered from using agencies. 

136 Municipal Post Office 

An internal service fund is hereby authorized to provide for operation of a Municipal Post 
Office, the costs of which are to be recovered from using agencies. 

FINANCE, DEPARTMENT OF 

142 Bureau of Accounting and Management Information Services 

An internal service fund is hereby authorized to provide for accounting services of the 
Mobile Equipment Program, the costs of which are to be recovered from using agencies. 

144 Purchasing 

An internal service fund is hereby authorized to provide for operation of a Municipal 
Reproduction and Printing Service, the costs of which-are to be recovered from using 
agencies. 

An internal service fund is hereby authorized to provide for Centralized Automotive Parts 
Warehousing and Inventory, the costs of which are to be recovered from using agencies. 

145 Risk Management Services 

An internal service fund is hereby authorized to provide for the operation of the Risk 
Management Office, the costs of which are to be recovered from the Self-Insurance Fund. 

LAW, DEPARTMENT OF 

175 Legal Services 

An internal service fund is hereby authorized to provide for a Self-Insurance Program 
Covering Automotive Equipment, Police Animal Liability and Employee Liability, the 
costs of which are to be recovered from the Self-Insurance Fund. 

PERSONNEL DEPARTMENT 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the operation of the 

209 



Ord. 97- 1 78 1 996- 1 997 Session 



Unemployment Insurance Function, the costs of which are to be recovered from 
contributions from various Fund sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the operation of an Employee 
Vision Care Program, the costs of which are to be recovered from contributions from 
various Fund sources. 

PUBLIC WORKS, DEPARTMENT OF 

189 Fleet Management 

An internal service fund is hereby authorized to provide for operation of a Central 
Automotive and Mechanical Repair Service, the costs of which are to be recovered from 
using agencies. 

190 Departmental Administration 

An internal service fund is hereby authorized to provide for the administration of all City 
contracts for construction or alteration of streets, highways, bridges, public buildings, or 
other municipal facilities, the costs of which are to be recovered from capital project 
appropriations. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for inspection of construction or 
alterations of City-owned buildings, the costs of which are to be recovered from capital 
project appropriations or using agencies. 

230 Bureau Administration (Transportation) 

An internal service fund is hereby authorized to provide for testing of materials and 
inspection services of highway construction and reconstruction projects, the costs of which 
are to be recovered from capital project appropriations. 

500 Street Lighting 

An internal service fund is hereby authorized to provide for operation of a City-owned 
Two-way Radio System, the costs of which are to be recovered from using agencies. 

553 Water Engineering 

An internal service fund is hereby authorized to provide for inspection service for the 
construction or alteration of the City's water system the costs of which are to be recovered 
from capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for inspection service for 
Municipal Facilities, the costs of which are to be recovered from capital project 
appropriations. 

B. CAPITAL BUDGET 

Section 2. And be it further ordained, That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be placed in 
Construction Reserve accounts at the beginning of the fiscal year and 

210 



1996-1997 Session Ord. 97-178 



transferred by the Board of Estimates to Construction Accounts as project 
funds are needed. 

BALTIMORE DEVELOPMENT CORPORATION 

601-451 CARROLL INDUSTRIAL AREA 

General Obligation Bond Fund Appropriation $ 500,000 

601-468 FAIRFIELD INDUSTRIAL AREA - IMPROVEMENTS 

General Obligation Bond Fund Appropriation $ 500,000 

601-570 EAST BALTIMORE INDUSTRIAL AREA 

General Obligation Bond Fund Appropriation $ 500,000 

601-854 ENTERPRISE DEVELOPMENT FUND 

Mayor & City Council Real Property Fund Appropriation $ 250,000 

601-858 FUTURE BALTIMORE DEVELOPMENT PROJECTS 

General Obligation Bond Fund Appropriation $ 1,500,000 

Federal Fund Appropriation $ 1,500,000 

601-859 DEVELOPMENT PROJECTS - SITE IMPROVEMENTS 

Mayor & City Council Real Property Fund Appropriation $ 1,000,000 

601-860 INDUSTRIAL AND COMMERCIAL FINANCING 

General Obligation Bond Fund Appropriation $ 1,000,000 

601-865 BIOTECHNOLOGY INITIATIVES 

General Obligation Bond Fund Appropriation $ 1,000,000 

State Fund Appropriation $ 1,000,000 

603-124 PIER 3 BUS STAGING FACILITY 

All other Debt Appropriation $ 4,000,000 

603-304 WEST SHORE/RASH FIELD IMPROVEMENTS 

State Fund Appropriation $ 500,000 

603-503 MARKET PLACE - PUBLIC IMPROVEMENTS 

State Fund Appropriation $ 2,025,000 

603-504 CHILDREN'S MUSEUM - DEVELOPMENT 

State Fund Appropriation $ 4,000,000 

603-700 HOWARD STREET REVITALIZATION 

General Obligation Bond Fund Appropriation $ 1,000,000 

603-719 ARTISTS HOUSING 

General Obligation Bond Fund Appropriation $ 1,000,000 

603-723 DOWNTOWN HOTEL DEVELOPMENT 

State Fund Appropriation $ 1,000,000 



211 



Ord. 97-178 1996-1997 Session 



603-724 DOWNTOWN PUBLIC PLAZAS 

State Fund Appropriation $ 1,000,000 

603-901 DOWNTOWN PARTNERSHIP - IMPROVEMENTS 

General Obligation Bond Fund Appropriation $ 1,000,000 

CITY LIFE MUSEUM 

491-016 CITY LIFE MUSEUM STORAGE FACILITY 

Other Special Fund Appropriation $ 487,000 

EDUCATION, DEPARTMENT OF 

417-001 EDUCATION - CONSTRUCTION RESERVE 

General Obligation Bond Fund Appropriation $ 3,1 19,000 

417-040 LAKE CLIFTON HIGH SCHOOL #40 - LABS 

General Obligation Bond Fund Appropriation $ 120,000 

State Fund Appropriation $ 725,000 

417-070 SOUTHERN HIGH SCHOOL #070 - ROOF 

General Obligation Bond Fund Appropriation $ 101,000 

State Fund Appropriation $ 604,000 

417-098 SYSTEMIC IMPROVEMENTS (FISCAL YEAR 1998) 

State Fund Appropriation $ 603,000 

417-229 HOLABIRD ELEMENTARY #229 - ROOF 

General Obligation Bond Fund Appropriation $ 99,000 

State Fund Appropriation $ 229,000 

418-012 LAKELAND ELEMENTARY/MIDDLE SCHOOL #12 

General Obligation Bond Fund Appropriation $ 205,000 

418-020 SCHOOL CONSTRUCTION - ASBESTOS REMOVAL 

General Obligation Bond Fund Appropriation $ 1,045,000 

418-235 GLENMOUNT ELEMENTARY/MIDDLE SCHOOL #235 

General Obligation Bond Fund Appropriation $ 

State Fund Appropriation $ 

418-236 HAMILTON ELEMENTARY/MIDDLE SCHOOL #236 

General Obligation Bond Fund Appropriation $ 

418-410 MERGENTHALER VOCAT/TECH. HIGH SCHOOL #410 

General Obligation Bond Fund Appropriation $ 

State Fund Appropriation $ 

418-413 HARBOR CITY LEARNING CENTER #413 

General Obligation Bond Fund Appropriation $ 



212 



1996-1997 Session Ord. 97-178 



FINANCE, DEPARTMENT OF 

146-025 CITYWIDE INFORMATION TECHNOLOGY 

General Fund Appropriation $ 1,300,000 

0* 

Waste Water Utility Fund Appropriation $ 100,000 

Waste Water Utility Fund Debt Restruct Appropriation $ 100,000 

Motor Vehicle Fund Appropriation $ 300,000 

FIRE DEPARTMENT 

208-019 ENGINE COMPANY 53 - REPLACEMENT 

General Fund Appropriation $ 125,000 

208-026 COMMUNICATION SYSTEM - MODERNIZATION 

General Fund Debt Restructuring Appropriation $ 8,81 1,000 

Water Utility Fund Appropriation $ 195,000 

Water Utility Fund Debt Restructuring Appropriation $ 172,000 

Motor Vehicle Fund Debt Restructuring Appropriation $ 853,000 

All Other Debt Deappropriation $ (7,153,000) 

HOUSING AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 

588-205 AVALON THEATRE DEVELOPMENT 

Community Development Block Grant Appropriation $ 250,000 

588-208 PIMLICO RENAISSANCE 

Community Development Block Grant Appropriation $ 500,000 

588-234 REISTERSTOWN ROAD - COMMUNITY DEVELOPMENT 

General Obligation Bond Fund Appropriation $ 300,000 

588-283 PIMLICO RACE TRACK IMPACT PROGRAM 

State Fund Appropriation $ 648,000 

588-302 UMOJA LAFAYETTE HOUSING PROJECT 

Community Development Block Grant Appropriation $ 100,000 

588-306 GILMORE GROVE - SANDTOWN 

Community Development Block Grant Appropriation $ 200,000 

588-336 SANDTOWN WINCHESTER SECTION 108 LOAN 

Community Development Block Grant Appropriation $ 1,000,000 

588-340 DOLFIELD COMMERCIAL AREA 

General Obligation Bond Fund Appropriation $ 100,000 



♦But see Veto Message of 6/12/97 



213 



Ord. 97-178 1996-1997 Session 



588-343 AVENUE MARKET AREA IMPROVEMENTS 

General Obligation Bond Fund Appropriation $ 

588-393 PAULINE FAUNTLEROY PLAYGROUND 

General Obligation Bond Fund Appropriation $ 

588-409 WASHINGTON VILLAGE EMPOWERMENT ZONE 

General Obligation Bond Fund Appropriation $ 

588-417 FRANKLIN MEWS 

Community Development Block Grant Appropriation $ 

588-418 HOUSE OF MERCY FAMILY LIFE CENTER 

Community Development Block Grant Appropriation $ 

588-490 WEST CROSS & WEST HAMBURG STREETS HOUSING 
Community Development Block Grant Appropriation $ 

588-505 MCKIM PLAYGROUND IMPROVEMENTS 

Community Development Block Grant Appropriation $ 

588-519 HEBCAC 108 

Community Development Block Grant Appropriation $ 

588-616 NEHEMIAH HI 

Community Development Block Grant Appropriation $ 

588-625 GEMS REHAB PROJECT 

Community Development Block Grant Appropriation $ 

588-684 AMERICAN BREWERY REDEVELOPMENT 

Community Development Block Grant Appropriation -, $ 

588-715 HOPWA 

Federal Fund Appropriation $ 

588-802 CITY HOUSING ASSISTANCE PROGRAM LOANS 
Community Development Block Grant Appropriation $ 

588-803 DEFERRED LOAN PROGRAM 

Community Development Block Grant Appropriation $ 

588-805 SETTLEMENT EXPENSE LOAN PROGRAM 

General Obligation Bond Fund Appropriation $ 

588-810 DIRECT HOMEOWNERSHIP ASSISTANCE PROGRAM 
Community Development Block Grant Appropriation $ 

588-81 1 EMPLOYEE ASSISTANCE HOMEOWNERSHIP PROGRAM 

General Obligation Bond Fund Appropriation $ 

Community Development Block Grant Appropriation $ 



214 



1996-1997 Session Ord. 97-178 



588-815 NEHEMIAH HOUSING I 

Community Development Block Grant Appropriation $ 2,345,000 

588-817 ANNUAL HOME SALE 

General Obligation Bond Fund Appropriation $ 250,000 

Community Development Block Grant Appropriation $ 200,000 

588-824 EMERGENCY SHELTER GRANTS 

Federal Fund Appropriation $ 778,000 

588-830 APPROACHWAY IMPROVEMENTS 

General Obligation Bond Fund Appropriation $ 100,000 

588-837 FACADE LOAN PROGRAM 

General Obligation Bond Fund Appropriation $ 100,000 

588-838 BUSINESS ASSISTANCE GROUP 

General Obligation Bond Fund Appropriation $ 250,000 

588-848 HOME PROGRAM 

General Obligation Bond Fund Appropriation $ 2,000,000 

588-849 PARTNERSHIP RENTAL PROJECT 

General Obligation Bond Fund Appropriation $ 500,000 

588-852 RENTAL REHABILITATION 

Federal Fund Appropriation $ 100,000 

588-853 VACANT HOUSE DEMOLITION 

General Obligation Bond Fund Appropriation $ 500,000 

Community Development Block Grant Appropriation $ 2,000,000 

588-857 PEMBROOKE 

Community Development Block Grant Appropriation $ 300,000 

588-887 EMERGENCY ACQUISITION FUND 

General Obligation Bond Fund Appropriation $ 500,000 

588-888 HARDSHIP HOME REPAIR FOR THE ELDERLY 

Community Development Block Grant Appropriation $ 350,000 

588-893 NEIGHBORHOOD SERVICES AND IMPROVEMENT PROGRAM 

General Obligation Bond Fund Appropriation $ 1,000,000 

Mayor & City Council Real Property Fund Appropriation $ 500,000 

Other Special Fund Appropriation $ 500,000 

588-894 NEIGHBORHOOD INCENTIVE PROGRAM 

General Obligation Bond Fund Appropriation $ 300,000 

588-895 GEOGRAPHIC INFORMATION SYSTEM MAPPING 

Community Development Block Grant Appropriation $ 100,000 



215 



ORD. 97-178 1996-1997 SESSION 



588-905 FADOR PLACE 

Community Development Block Grant Appropriation $ 80,000 

588-917 NORTHERN SCATTERED SITE ACQ/ REHAB PROJECT 

Community Development Block Grant Appropriation $ 200,000 

588-920 STREET TREES 

General Obligation Bond Fund Appropriation $ 100,000 

LIBRARY, ENOCH PRATT FREE 

457-021 LIBRARIES-PUBLIC ACCESS TECHNOLOGY 

General Fund Appropriation $ 75,000 

Other Special Fund Appropriation $ 50,000 

457-022 CD-ROM DATABASE NETWORK SYSTEM 

General Fund Appropriation $ 40,000 

Other Special Fund Appropriation $ 10,000 

457-024 CENTRAL LIBRARY - EXPANSION 

State Fund Appropriation $ 1,400,000 

MAYORALTY 

127-1 10 MUSEUM OF INDUSTRY - WATERFRONT DEVELOPMENT 

General Fund Appropriation $ 50,000 

Other Special Fund Appropriation $ 217,000 

127-1 1 1 MUSEUM OF INDUSTRY - RENOVATION 

State Fund Appropriation $ 440,000 

Other Special Fund Appropriation $ 83,000 

127-1 12 MUSEUM OF INDUSTRY - PARK/CONFERENCE CENTER 

Other Special Fund Appropriation $ 180,000 

127-1 15 WALTERS ART GALLERY - 1974 WING RENOVATION 

State Fund Appropriation $ 1,200,000 

Other Special Fund Appropriation $ 3,000,000 

127-140 WALTERS PARKING LOT ENHANCEMENT 

Other Special Fund Appropriation $ 360,000 

183-002 COMPUTERIZED VOTING SYSTEM 

All Other Debt Appropriation $ 5,000,000 

483-014 BALTIMORE ZOO-EARTH CONSERVATION CENTER 

State Fund Appropriation $ 3,000,000 

Other Special Fund Appropriation $ 3,000,000 

483-015 BALTIMORE ZOO-AUSTRAL/ASIAN REGION 

Other Special Fund Appropriation $ 550,000 



216 



1996-1997 Session Ord. 97-178 



483-030 THE BALTIMORE ZOO - FIELD STATION 

Other Special Fund Appropriation $ 200,000 

529-032 AQUARIUM AUDITORIUM RENOVATION 

Other Special Fund Appropriation $ 250,000 

529-033 CHANGING EXHIBIT - VENOMOUS ANIMALS 

Other Special Fund Appropriation $ 80,000 

529-034 AQUARIUM OZONE TOWER RENOVATION 

Other Special Fund Appropriation $ 210,000 

529-046 AQUARIUM - PIER 3 ROOF 

Other Special Fund Appropriation $ 40,000 

541-042 BALTIMORE ARENA - PORTABLE STEEL RISERS 

General Fund Appropriation $ 22,000 

All Other Debt Appropriation $ 108,000 

MUSEUM OF ART 

488-003 MUSEUM OF ART - THIRD FLOOR ADDITION 

Other Special Fund Appropriation $ 150,000 

OFFICE OF EMPLOYMENT DEVELOPMENT 

641-004 MARYLAND AVE COMPLEX - 23RD & 24TH ST 

General Fund Appropriation $ 80,000 

PLANNING, DEPARTMENT OF 

188-002 CAPITAL PROGRAM AUTOMATED SYSTEM - INSTALL 

General Fund Appropriation $ 50,000 

Waste Water Utility Fund Debt Restruct Appropriation $ 150,000 

Motor Vehicle Fund Appropriation $ 400,000 

PUBLIC WORKS, DEPARTMENT OF 

197-012 ARTS TOWER - RENOVATION 

General Fund Appropriation $ 145,000 

197-092 PUBLIC BUILDINGS ROOF REPLACEMENT PROGRAM 

All Other Debt Appropriation $ 250,000 

197-093 HEATING AND AIR CONDITIONING SYSTEM UPGRADE 

All Other Debt Appropriation $ 250,000 

197-134 ASBESTOS MANAGEMENT PROGRAM 

General Obligation Bond Fund Appropriation $ 1,000,000 



217 



Ord. 97- 1 78 1 996- 1 997 Session 



504-100 FOOTWAY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation $ 100,000 

Other Special Fund Appropriation $ 1 ,250,000 

504-200 ALLEY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation $ 1,250,000 

Other Special Fund Appropriation $ 1,250,000 

504-300 SIDEWALKS DAMAGED BY TREE ROOTS - REPAIRS 

Motor Vehicle Fund Appropriation $ 2,000,000 

507-001 FEDERAL AID CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation $ 1,000,000 

Other Special Fund Appropriation $ 375,000 

507-013 CHARLES STREET BRIDGES 1101,1206,1210,1214 

Federal Fund Appropriation $ 16,000,000 

Motor Vehicle Fund Appropriation $ 4,000,000 

507-312 BRIDGE CLEANING AND PAINTING 

Federal Fund Appropriation $ 680,000 

Motor Vehicle Fund Appropriation $ 170,000 

507-405 1-83 RESURFACING 

Federal Fund Appropriation $ 3,440,000 

Motor Vehicle Fund Appropriation $ 860,000 

507-915 TRAFFIC SIGNAL DETECTORS - INSTALLATION 

Federal Fund Appropriation $ 605,000 

Motor Vehicle Fund Appropriation $ 150,000 

508-018 HOLLINS FERRY ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 1,000,000 

508-035 CALVERT STREET RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 28,000 

508-037 FEDERAL STREET RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 35,000 

508-038 WETHEREDSVILLE ROAD RETAINING WALL 

Motor Vehicle Fund Appropriation $ 500,000 

508-206 PIMLICO ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 960,000 

508-248 DUKELAND STREET BOX CULVERT - REPLACEMENT 

Motor Vehicle Fund Appropriation $ 600,000 

508-308 BROADWAY (GAY TO NORTH) - LANDSCAPING 

Motor Vehicle Fund Appropriation $ 400,000 



218 



1 996- 1 997 Session Ord. 97-178 



508-443 MARKET PLACE STREET IMPROVEMENTS 

Motor Vehicle Fund Deappropriation $ (1,000,000) 

508-489 HOUSING & COMMUNITY DEVELOPMENT STREETS 

Motor Vehicle Fund Appropriation $ 500,000 

508-490 BALTIMORE DEVELOPMENT CORPORATION - STREETS 

Motor Vehicle Fund Appropriation $ 1,000,000 

508-606 HOPKINS/BAYVIEW RESEARCH PK INTERNAL STREET 

General Obligation Bond Fund Appropriation $ 2,000,000 

508-799 SIGN INVENTORY AND UPGRADE 

Motor Vehicle Fund Appropriation $ 300,000 

508-804 ALTO ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 22,000 

508-808 ARUNDEL COVE ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 245,000 

508-820 WEST SIDE CORRIDOR FEASIBILITY STUDY 

Motor Vehicle Fund Appropriation $ 200,000 

508-846 MAPPING PROGRAM - HIGHWAYS 

Motor Vehicle Fund Appropriation $ 450,000 

508-882 ANNAPOLIS ROAD BRIDGE (BRIDGE #5403) 

Federal Fund Appropriation $ 400,000 

Motor Vehicle Fund Appropriation $ 100,000 

508-909 OFF-RAMPS NB 1-83 TO EB NORTHERN PKWY 

Federal Fund Appropriation $ 80,000 

Motor Vehicle Fund Appropriation $ 20,000 

508-913 NEIGHBORHOOD ROAD CLOSURES 

Motor Vehicle Fund Appropriation $ 180,000 

508-915 LEXINGTON MALL TRAFFIC STUDY 

Motor Vehicle Fund Appropriation $ 100,000 

508-920 CSXT-OWNED BRIDGES CARRYING CITY STREETS 

Motor Vehicle Fund Appropriation $ 750,000 

508-921 INTERSTATE ACCESS STUDY 

Motor Vehicle Fund Appropriation $ 100,000 

508-923 LOMBARD & PRATT STREETS TWO-WAY CONVERSION 

Motor Vehicle Fund Appropriation $ 154,000 

508-924 ALTERNATIVE ROADWAY REPAIR METHODS 

Motor Vehicle Fund Appropriation $ 120,000 

219 



Ord. 97-178 1996-1997 Session 



508-939 THIRTY-THIRD STREET IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 15,000 

508-949 DOWNTOWN GATEWAY LANDSCAPING 

Motor Vehicle Fund Appropriation $ 380,000 

509-101 FAIRFIELD ECOLOGICAL INDUSTRIAL PARK 

Motor Vehicle Fund Appropriation $ 1,200,000 

509-1 13 GERNAND ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 220,000 

509-1 18 KENWAY ROAD RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 210,000 

509-133 BROOK AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 630,000 

509-546 KEYSTONE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 160,000 

509-556 LORRAINE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 30,000 

509-658 EVERGREEN AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 298,000 

509-661 FAIRWOOD AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 80,000 

510-005 DOWNTOWN STREET LIGHTING 

Motor Vehicle Fund Appropriation -. $ 500,000 

510-007 SERIES CIRCUIT STREET LIGHTING 

Motor Vehicle Fund Appropriation $ 355,000 

510-008 RESIDENTIAL LIGHTING IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 500,000 

510-901 STREET LIGHT POLE PROGRAM 

Motor Vehicle Fund Appropriation $ 300,000 

510-902 DICKMAN STREET SALT DOME FACILITY 

Motor Vehicle Fund Appropriation $ 280,000 

512-004 TRAFFIC SIGNAL CONFLICT MONITORS 

Motor Vehicle Fund Appropriation $ 215,000 

512-008 TRAFFIC SIGNAL COMPUTER REPLACEMENT 

Motor Vehicle Fund Appropriation $ 100,000 



220 



1996-1997 Session Ord. 97-178 



514-058 MADISON STREET - RESURFACING 

Motor Vehicle Fund Appropriation $ 600,000 

514-059 FRANKFURST AVENUE - RESURFACING 

Motor Vehicle Fund Appropriation $ 575,000 

514-067 REISTERSTOWN ROAD - RESURFACING 

Motor Vehicle Fund Appropriation $ 292,000 

514-110 CHERRY HILL ROAD - RESURFACING 

Motor Vehicle Fund Appropriation $ 495,000 

514-200 LOCAL STREET RESURFACING PROGRAM 

Motor Vehicle Fund Appropriation $ 10,026,000 

514-207 CHARLES STREET - RESURFACING 

Motor Vehicle Fund Appropriation $ 11 ,000 

514-262 FRANKFORD AVENUE - RESURFACING 

Motor Vehicle Fund Appropriation $ 279,000 

514-452 CHARLES STREET - RESURFACING 

Motor Vehicle Fund Appropriation $ 370,000 

514-456 BALTIMORE STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation $ 160,000 

514-470 NORTHWOOD DRIVE - RESURFACING 

Motor Vehicle Fund Appropriation $ 460,000 

517-032 NORTHWEST TRANSFER STATION - ROADWAYS 

Motor Vehicle Fund Appropriation -. $ 125,000 

517-078 QUARANTINE ROAD SANITARY LANDFILL - SEWER 

Revenue Bond Fund Appropriation $ 200,000 

517-079 STREET RUN-OFF MITIGATION - MARINE TERMINAL 

Motor Vehicle Fund Appropriation $ 500,000 

517-350 WESTERN DISTRICT YARD - RENOVATION 

Motor Vehicle Fund Appropriation $ 300,000 

520-099 SMALL STORM DRAIN REPAIRS 

Motor Vehicle Fund Appropriation $ 315,000 

520-125 DDCON HILL STORM DRAIN - CONSTRUCTION 

Motor Vehicle Fund Appropriation $ 100,000 

520-132 MOORE'S RUN DRAINAGE IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 380,000 



221 



Ord. 97-178 1996-1997 Session 



520-141 FELLS POINT STORM DRAIN IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 300,000 

520-400 PULASKI HIGHWAY DRAINAGE IMPROVEMENT 

Motor Vehicle Fund Appropriation $ 895,000 

525-100 JONES FALLS-HIGHWAY IMPACT MITIGATION 

Motor Vehicle Fund Appropriation $ 100,000 

525-137 ANDARD AVENUE OUTFALL & STREAM PROTECTION 

Motor Vehicle Fund Appropriation $ 120,000 

525-303 FLOOD ALERT SYSTEM UPGRADES 

Motor Vehicle Fund Appropriation $ 100,000 

525-439 STREAMBANK IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 575,000 

525-625 STONY RUN - STREET IMPACT MITIGATION 

Motor Vehicle Fund Appropriation $ 430,000 

525-626 DEAD RUN - STREET IMPACT MITIGATION 

Motor Vehicle Fund Appropriation $ 600,000 

551-144 MAPPING PROGRAM 

Waste Water Utility Fund Appropriation $ 450,000 

551-233 WASTE WATER SYSTEM - ANNUAL IMPROVEMENTS 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

551-246 PATAPSCO-SLUDGE PROCESSING EXPANSION 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

551-321 BACK RIVER PLANT-ROAD SYSTEM - CONSTRUCTION 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

551-337 NEW FRONT ENTRANCE AT BACK RIVER 

Revenue Bond Fund Appropriation $ 

Other Special Fund Appropriation $ 

551-338 PUMPING STATIONS REHABILITATION 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

551-401 SEWER REPLACEMENT PROJECTS 

Revenue Bond Fund Appropriation $ 

551-402 COMBINED SEWER SEPARATION PROGRAM 

Revenue Bond Fund Appropriation $ 

222 



1 996- 1 997 Session Ord. 97-178 



551-403 SMALL SEWER EXTENSIONS AND IMPROVEMENTS 

Revenue Bond Fund Appropriation S 750,000 

551-404 INFILTRATION/INFLOW CORRECTION PROGRAM 

Revenue Bond Fund Appropriation $ 1 ,500,000 

551-405 HERRING RUN SEWERSHED CONVEYANCE SYSTEM 

Revenue Bond Fund Appropriation $ 2,391 ,000 

County Grant Fund Appropriation S 1,435,000 

551-407 GWYNNS FALLS SEWERSHED CONVEYANCE SYSTEM 

Revenue Bond Fund Appropriation S 996,000 

County Grant Fund Appropriation S 919,000 

551-408 HIGH LEVEL SEWERSHED CONVEYANCE SYSTEM 

Revenue Bond Fund Appropriation $ 980,000 

551-409 UPPER JONES FALLS CONVEYANCE SYSTEM 

Revenue Bond Fund Appropriation S 2,885,000 

County Grant Fund Appropriation $ 1,236,000 

551-520 PATAPSCO WWTP-PRIMARY TANKS - RENOVATIONS 

Revenue Bond Fund Appropriation $ 945,000 

County Grant Fund Appropriation $ 2,008,000 

551-522 PATAPSCO WWTP-REACTORS - RENOVATIONS 

Revenue Bond Fund Appropriation $ 1 12,000 

County Grant Fund Appropriation $ 288,000 

551-524 PATAPSCO WWTP-CHLORINATION7DECHLORINATION 

Revenue Bond Fund Appropriation $ 367,000 

County Grant Fund Appropriation r $ 780,000 

551-526 BACK RIVER DIGESTER RENOVATIONS 

Revenue Bond Fund Appropriation $ 300,000 

County Grant Fund Appropriation S 300,000 

551-528 PATAPSCO WWTP-BIOLOGICAL NITROGEN REMOVAL 

State Fund Appropriation $ 3,000,000 

551-530 PUBLIC WORKS -GEOGRAPHIC INFORMATION SYSTEM 

Revenue Bond Fund Appropriation S 5,000,000 

551-535 BACK RIVER GRIT FACILITY IMPROVEMENTS 

Revenue Bond Fund Appropriation $ 725,000 

County Grant Fund Appropriation $ 725,000 

551-545 PATAPSCO TRUCK SCALES AND SEPTAGE STATION 

Revenue Bond Fund Appropriation S 237,000 

County Grant Fund Appropriation $ 503,000 



223 



Ord. 97-178 1996-1997 Session 



551-550 PATAPSCO LOX PLANT IMPROVEMENTS 

Revenue Bond Fund Appropriation $ 768,000 

County Grant Fund Appropriation $ 1 ,632,000 

551-555 BACK RIVER ELECTRICAL DISTRIBUTION IMPROV. 

Revenue Bond Fund Appropriation $ 30,000 

County Grant Fund Appropriation $ 30,000 

551-565 UNDERGROUND OIL TANK REHABILITATION 

Revenue Bond Fund Appropriation $ 135,000 

County Grant Fund Appropriation $ 135,000 

557-031 WATER SUPPLY SYSTEM - IMPROVEMENTS 

Waste Water Utility Fund Debt Restruct Appropriation $ 425,000 

County Grant Fund Appropriation $ 200,000 

557-083 CHLORINE LEAK DETECTION & TELEMETRY SYSTEM 

Revenue Bond Fund Appropriation $ 360,000 

County Grant Fund Appropriation $ 360,000 

557-099 MAPPING PROGRAM - WATER SUPPLY SYSTEM 

Revenue Bond Fund Appropriation $ 450,000 

557-100 WATER INFRASTRUCTURE REHABILITATION 

Revenue Bond Fund Appropriation $ 3,000,000 

557-101 WATER MAINS - INSTALLATION 

Revenue Bond Fund Appropriation $ 1,000,000 

557-1 10 TRANSMISSION MAIN (LEAKIN PARK-COOKS LANE) 

County Grant Fund Appropriation $ 2,200,000 

557-1 12 WATER SYSTEM CATHODIC PROTECTION 

Revenue Bond Fund Appropriation $ 100,000 

County Grant Fund Appropriation $ 25,000 

557-124 SATELLITE MAINTENANCE YARDS-IMPROVEMENTS 

County Grant Fund Appropriation $ 737,000 

557-128 WATER METER CONVERSION & NEW METER INSTALL. 

Revenue Bond Fund Appropriation $ 500,000 

557-149 LOCH RAVEN DAM - REHABILITATION 

Revenue Bond Fund Appropriation $ 742,000 

County Grant Fund Appropriation $ 458,000 

557-150 ASHBURTON FILTRATION PLANT - RENOVATION 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 



224 



1 996- 1 997 Session Ord. 97- 1 78 



557-160 ASHBURTON POWER IMPROVEMENTS 

Revenue Bond Fund Appropriation $ 187,000 

County Grant Fund Appropriation $ 63,000 

557-312 MONTEBELLO PLANTS 1 & 2 IMPROVEMENTS 

Revenue Bond Fund Appropriation $ 620,000 

County Grant Fund Appropriation $ 380,000 

557-314 MONTEBELLO WATER CENTER - REHAB. 

Revenue Bond Fund Appropriation $ 1 ,488,000 

County Grant Fund Appropriation $ 582,000 

557-400 VALVE AND HYDRANT REPLACEMENT - ANNUAL 

Waste Water Utility Fund Debt Restruct Appropriation $ 425,000 

557-630 PUBLIC WORKS - GEOGRAPHIC INFORMATION SYSTEM 

Revenue Bond Fund Appropriation $ 5,000,000 

557-914 TOWSON RESERVOIR 

Revenue Bond Fund Appropriation $ 15,000 

557-919 FULLERTON WATER SUPPLY FACILITIES - CONSTRUCT 

Revenue Bond Fund Appropriation $ 1,800,000 

563-512 CONDUIT RECORD AUTOMATION 

Motor Vehicle Fund Appropriation $ 150,000 

563-513 CONDUIT OCCUPANCY EVALUATION 

Motor Vehicle Fund Appropriation $ 100,000 

RECREATION AND PARKS, DEPARTMENT OF 

474-193 CARROLL PARK IMPROVEMENTS 

General Obligation Bond Fund Appropriation $ 1,000,000 

474-264 STOEET TREE PLANTING PROGRAM 

Motor Vehicle Fund Appropriation $ 100,000 

474-489 COURTS, BALLFIELDS, AND WALKS - RESURFACING 

General Fund Appropriation $ 50,000 

State Open Space Fund Appropriation $ 100,000 

State Open Space Fund Appropriation $ 150,000 

474-526 PARK MAINTENANCE FACILITY RENOVATION 

General Obligation Bond Fund Appropriation $ 2,200,000 

474-550 BALTIMORE NEIGHBORHOOD RECREATION FACILITY 

General Fund Appropriation $ 35,000 

State Fund Appropriation $ 350,000 



225 



ORD. 97-178 1996-1997 SESSION 



474-560 RECREATION CENTER ROOF REPAIR PROGRAM - FY'98 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 

474-561 PARK REHABILITATION PROGRAM - FY'98 - TOWANDA 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 

474-562 CHERRY HILL PARK - IMPROVEMENTS 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 

474-563 BALTIMORE PLAYLOT PROJECT - FY'98 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 

State Open Space Fund Appropriation $ 

474-564 PARK BUILDING MODERNIZ. FY'98 - HALLS SPRING 

State Open Space Fund Appropriation $ 

474-565 DRUID HILL PARK MASTERPLAN - PHASE H 

State Open Space Fund Appropriation $ 

Motor Vehicle Fund Appropriation $ 

474-566 DRUID HILL PARK CONSERVATORY - EXHIBIT SPACE 
State Open Space Fund Appropriation $ 

474-567 ROBERT E. LEE PARK - BRIDGE REPLACEMENT 

Motor Vehicle Fund Appropriation $ 

County Grant Fund Appropriation $ 

474-568 GRAHAM PARK IMPROVEMENTS 

Motor Vehicle Fund Appropriation $ 150,000 

474-569 MIDDLE EAST NEIGHBORHOOD RECREATION IMPROV. 

State Fund Appropriation $ 200,000 

Section 3. And be it further ordained, That the amounts set forth 
in Section 2 above designated deappropriations and enclosed in parentheses 
shall revert to the surpluses of the respective funds and be available for 
appropriation by this or subsequent ordinances. 

Section 4. And be it further ordained, That (a) the City 
reasonably expects to reimburse the expenditures described in Subsection 
(b) of this Section with the proceeds of one or more obligations (as such 
term is used in Treas. Reg. Section 1.1 50- 1(b) to be incurred by the City (or 
any entity controlled by the City within the meaning of Treas. Reg. Section 
1.150-1). The City intends that this Section of this Ordinance of Estimates 
(as this Ordinance of Estimates may be amended from time to time) shall 



226 



1 996- 1 997 Session Ord. 97- 1 78 



serve as a declaration of the City's reasonable intention to reimburse 
expenditures as required by Treas. Reg. Section 1.150-2 and any successor 
regulation. 

(b) The City intends that this declaration will cover all reimbursement of 
expenditures for capital projects or programs approved in the capital budget 
contained in this Ordinance of Estimates to the extent that the City has 
appropriated in this Ordinance of Estimates to pay the cost thereof from one 
or more obligations to be issued by the City (or any entity controlled by the 
City within the meaning of Treas. Reg. Section 1.150-1). The term 
"obligation" (as such term is defined in Treas. Reg. Section 1.150(b) and as 
used in this Section) includes general obligation bonds and notes, revenue 
bonds and notes, leases, conditional purchase agreements and other 
obligations of the City (or any entity controlled by the City within the 
meaning of Treas. Reg. Section 1.150-1). 

(c) The maximum anticipated debt expected to be incurred by the City to 
reimburse the cost of each capital project or program in this Ordinance of 
Estimates is the applicable appropriation listed in this Ordinance of 
Estimates from the proceeds of one or more obligations, as such 
appropriations may be increased or decreased. 

Section 5. And be it further ordained, That no part of the amounts 
appropriated in this Ordinance of Estimates shall be made available to pay 
for costs of any capital project not specifically approved through this 
Ordinance of Estimates or without the prior consent of the City Council; and 
provided further that no part of the amounts appropriated in this Ordinance 
of Estimates shall be made available to any agency without the prior 
approval of the City Council to pay for occupancy, by lease or otherwise, of 
any facility whose costs exceed the amounts provided in the detail 
supporting this Ordinance of Estimates. 

Section 6. The foregoing appropriations in summary consist of: 



Fund Operating Capital Total 



General 


$ 808,372,000 


$ 11,111,000 


$ 819,483,000 


Education 


552,567,000 





552,567,000 


Motor Vehicle 


128,629,000 


42,153,000 


170,782,000 


Federal 


284,992,795 


38,729,000 


323,721,795 


State 


159,786,624 


32,463,000 


192,249,624 


Water Utility 


73,825,000 


1,272,000 


75,097,000 


Waste Water Utility 


111,569,000 


745,000 


112,314,000 



227 



Ord. 97- 1 78 1 996- 1 997 Session 



Loan & Guarantee Enterprise 4,219,000 4,219,000 

Parking Enterprise 13,850,000 13,850,000 

Special 33,319,556 89,989,000* 123,308,556 

Parking Management 8,119,000 8,119,000 

Convention Center Bond 4,433,000 4,433,000 

General Obligation Bonds 39,389,000 39,389,000 

$2, 1 83,68 1 ,975 $255,85 1 ,000 $2,439,532,975 



*Consisting Of: 

County $25,678,000 

Revenue Bonds & Notes $47,154,000 

M&CC Real Property Account $ 1,750,000 

All Other Debt $ 2,455,000 

Other Fund Sources $12,952,000 



Approved by the Board of Estimates 



President 



Mayor 



Comptroller 



Director of Public Works 



City Solicitor 

BOARD OF ESTIMATES 



Approved June 30, 1997 

KurtL. Schmoke, Mayor 
Subject to line item vetoes 
of June 12, 1997 



228 



1 996- 1 997 Session Ord. 97- 1 79 

Veto Message 

June 12, 1997 

The Honorable Lawrence W. Bell, III 

and Members of the Baltimore City Council 
400 City Hall 

Dear President Bell and Members of the City Council: 

Pursuant to Article IV, Section 5(d) of the Baltimore City Charter, I am exercising 
my line-item veto authority over Amendments No. 1 and No. 13 to Council Bill 97-456 as 
duly passed by the City Council on June 12, 1997 and as certified by the City Council. 

I veto Amendment No. 1 because a cut to the General Fund Appropriation for the 
Department of Personnel would not accomplish the purpose for which this cut was 
proposed. The intent of this cut was to reduce the amount of money available for 
employee pay raises; however, that would only be accomplished by cutting the 
appropriations in each agency. A cut of this magnitude would have a serious negative 
affect on the operations of the Department of Personnel and on the administration of the 
Civil Service system. It also would have no affect on employee salaries. The effect of this 
veto will restore this line. 

I am vetoing Amendment No. 13 because this is a capital appropriation that is 
supported by a one-time revenue source. Loss of this appropriation will seriously impair 
the City's initiative to improve its operational efficiency through the expansion of citywide 
information technology. This veto will restore this line. 

In all other respects, I am signing Council Bill 97-456 into law. 

Sincerely, 

Kurt Schmoke 
Mayor 



City of Baltimore 
Ordinance 97-179 
Council Bill 97-457 

An Ordinance Concerning 

To Levy and Collect a Tax 



229 



Ord. 97- 1 80 1 996- 1 997 Session 



For the purpose of providing a tax for the use of the Mayor and 

City Council of Baltimore for the period July 1, 1997 through June 30, 
1998. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That for the period July 1, 1997 through June 30, 1998, a tax 
of $5.85 is levied and imposed on every $100 of assessed or assessable 
value of property in the City of Baltimore (except property that is exempt by 
law from this rate) for the use of the Mayor and City Council of Baltimore, 
and this tax shall be collected and paid in the manner prescribed by law. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-180 
Council Bill 97-465 

An Ordinance Concerning 



Renaming City Property — Diamond No. 3 in Herring Run Park 
to the Eric Schaefer Memorial Diamond 

FOR the purpose of renaming Diamond No. 3, located in Herring Run Park 
at 6000 Bowley's Lane, to the Eric Schaefer Memorial Diamond. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Diamond No. 3, located in Herring Run Park at 6000 
Bowley's Lane, is named the Eric Schaefer Memorial Diamond. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



230 



Approved June 30, 1997 



1 996- 1 997 Session Ord. 97-181 



KURT L. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 97-181 
Council Bill 97-373 

An Ordinance Concerning 

Sale of City Property — 1248-1254 East Fayette Street 
and 1243 and 1245 High Alley 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 1248-1254 East Fayette Street and 1243 and 1245 High 
Alley, and no longer needed for public use; and providing for a special 
effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 1248-1254 East Fayette Street and 1243 and 1245 High Alley, 
containing 1537.5 square feet of unimproved land, more or less, this 
property being no longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1997 

Kurt L. Schmoke, Mayor 



231 



Ord. 97-182 1996-1997 Session 



City of Baltimore 
Ordinance 97-182 
Council Bill 97-446 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Mayoralty-Related - $2,000,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $2,000,000 to the Mayoralty-Related - 
Program 122 (Miscellaneous General Expenses), to provide funding for 
additional operating expenses for legal fees; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 7, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,000,000 shall be made available to the Mayoralty- 
Related - Program 122 (Miscellaneous General Expenses) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1997, to provide funding for additional operating expenses for legal fees. 



232 



1 996- 1 997 Session Ord. 97- 1 83 



The sources of revenue for this appropriation are Income Taxes 
($1,100,000) and Miscellaneous revenue ($900,000) in excess of the 
amount from these sources that were relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-183 
Council Bill 97-461 



An Ordinance Concerning 

Property Tax Credit — Historic Restoration and Rehabilitation 

FOR the purpose of providing a limited property tax credit for certain 
historic property development projects that exceed $3.5 million in 
construction costs ; requiring analysis of certain data by the Department 
of Finance; providing for a date after which applications will not be 
accepted for the projects; clarifying certain language; and generally 
relating to the property tax credit for historic restoration and 
rehabilitation . 

By repealing and reordaining, with amendments 
Axticle 28 - Taxes 

Section(s) 75G(d) and (g) ,(g), (k\ and Q) 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tax Credits 



233 



Ord. 97- 1 83 1 996- 1 997 Session 

75G. Property tax credit for historic restorations and rehabilitations. 

(d) Amount of credit. 

Except as provided in subsection (g) of this section, [A] the 
property tax credit granted under this section shall equal the difference 
between: 

(1) the property tax that, but for the tax credit, would be payable 
after the completion of the eligible improvements; and 

(2) the property tax that would be payable if the eligible 
improvements were not made. 

(g) [Ineligible projects.] Projects exceeding $3.5 million in 

DEVELOPMENT COSTS. 

(1) [Development] For development projects exceeding $3.5 
million in construction costs [shall not be eligible for the historic property 
tax credit], THE TAX CREDIT SHALL BE LIMITED TO THE FOLLOWING 
PERCENTAGES OF THE AMOUNT COMPUTED UNDER SUBSECTION (D) OF THIS 
SECTION: 

4r fll IN YEARS 1 THROUGH 5 - 80% 

2r iHl IN YEAR 6 - 70% 

^r (III) IN YEAR 7 - 60% 

4r ilVl IN YEAR 8 - 50% 

$7 (V) IN YEAR 9 - 40% 

6t (VI) IN YEAR 10- 30%. 

(2) to be eligible for this limited tax credit, the existing 
building in question must have been at least 75% vacant for at 
least 3 years or the developer must otherwise demonstrate to the 
Director of Finance that the credit is necessary in order for the 
project to proceed. 

(3) At the time of application for the credit, the developer 
must submit a statement of projected economic impact and public 
benefits for the project. three years from the date an application 
is accepted, the developer must submit statements of actual 
economic impact and public benefits for the project. public benefit 
measures include neighborhood revitalization impact. job 
creation, tax generation. and minority business development. 



234 



1 996- 1 997 Session Ord. 97- 1 84 



(4) The credit may not be taken if the property is located in 
a Maryland Enterprise Zone. 

Oc) Review. 

( 1) The Commission for Historical and Architectural Preservation, 
in coordination with the Department of Finance, shall establish review 
procedures for the program. 

(2) The Department of Finance shall analyze data 
submitted by developers in the statements required by subsection 
(G)(3) OF this section. 

(1) Termination of the program. 

(1) Applications for the credit for projects exceeding $3.5 
million in development costs will not be accepted after three 
years from the effective date of this Ordinance. 

(2) Applications FOR PROJECTS OTHER THAN THOSE EXCEEDING $3.5 
MILLION IN DEVELOPMENT COSTS will not be accepted after Hive years from 
the effective date of this ordinance] January 3, 2001. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved August 5, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-184 
Council Bill 97-357 

An Ordinance Concerning 

Rezoning — 509-521 South Exeter Street 



235 



Ord. 97- 1 85 1 996- 1 997 Session 



For the purpose of changing the zoning for the property known as 509-521 
South Exeter Street, as outlined in red on the accompanying plat, from 
the R-9 Zoning District to the B-2-4 Zoning District. 

By amending 

Article 30 - Zoning 

Zoning District Maps 

Sheet(s) 56 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 56 of the Zoning District Maps is amended by 
changing from the R-9 Zoning District to the B-2-4 Zoning District the 
property known as 509-521 South Exeter Street, as outlined in red on the 
plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved October 15, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-185 
Council Bill 97-387 

An Ordinance Concerning 

Rezoning — Northeast Side of Callaway Avenue 
South of Cold Spring Lane and 3575 Dolfield Avenue 



236 



1 996- 1 997 Session Ord. 97- 1 86 



FOR the purpose of changing the zoning for the property known as the 
northeast side of Callaway Avenue south of Cold Spring Laner-as 
outlin e d in r e d on th e accompanying plat, from the R-5 Zoning District 
to the B-2-1 Zoning District and changing the zoning for the property 
known as 3575 Dolfield Avenue from the B-3-1 Zoning District to the 
B-2-1 Zoning District, as outlined in red on the accompanying plat . 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 22 
Baltimore City Code 

section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 22 of the Zoning District Maps is amended by 
changing from the R-5 Zoning District to the B-2-1 Zoning District the 
property known as the northeast side of Callaway Avenue south of Cold 
Spring Lane and by changing from the B-3-1 Zoning District to the B-2-1 
Zoning District the property known as 3537 Dolfield Avenue , as outlined in 
red on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then- shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved October 15, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-186 
Council Bill 97-412 



237 



Ord. 97- 1 87 1 996- 1 997 Session 

An Ordinance Concerning 

Rezoning — 2201 and 2221 West Cold Spring Lane 

FOR the purpose of changing the zoning for the properties known as 2201 
and 2221 West Cold Spring Lane, as outlined in red on the 
accompanying plat, from the R-5 Zoning District to the M-l-1 Zoning 
District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s)13, 14, 23, and 24 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheets 13, 14, 23, and 24 of the Zoning District Maps are 
amended by changing from the R-5 Zoning District to the M-l-1 Zoning 
District the properties known as 2201 and 2221 West Cold Spring Lane, as 
outlined in red on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved October 15, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-187 
Council Bill 97-415 



238 



1 996- 1 997 Session Ord. 97- 1 87 



An Ordinance Concerning 

Zoning — Planned Unit Development — 
Cold Spring Lane, Callaway, Dolfield, and Belle Avenues 

FOR the purpose of amending Ordinance 75-1008, which designated as a 
Residential Planned Development the property located south of Cold 
Spring Lane, east of Callaway Avenue, west of Dolfield Avenue, and 
north of Belle Avenue, to authorize the establishment, maintenance, and 
operation of a drive-in pharmacy. 

By adding to 

Ordinance 75-1008 
New Section 4 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

By Ordinance 75-1008, the Mayor and City Council approved the 
designation as a Residential Planned Development the property located 
south of Cold Spring Lane, east of Callaway Avenue, west of Dolfield 
Avenue, and north of Belle Avenue. 

Representatives of Wilton Partners Dolfield, LLC and REVCO 
Discount Drug Centers have requested an amendment of Ordinance 75- 
1008, to authorize the establishment, maintenance, and operation of a drive- 
in pharmacy, and met on April 11, 1997, with the Planning Commission of 
Baltimore City to hold a Pre-Petition conference to explain the scope and 
nature of the requested use. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a new section 4 is added to Ordinance 75-1008, which 
designated as a Residential Planned Development the property located south 
of Cold Spring Lane, east of Callaway Avenue, west of Dolfield Avenue, 
and north of Belle Avenue, to read as follows, and the succeeding section 
numbers of Ordinance 75-1008 are changed consistent with this 
amendment: 



239 



Ord. 97- 1 87 1 996- 1 997 Session 



"Section 4. And be it further ordained, That permission is 
granted for the establishment, maintenance, and operation of 
a drive-in pharmacy on the northeast side of callaway avenue 
south of Cold Spring Lane, as outlined in red on the 
accompanying plat dated april 1 8, 1 997, in accordance with 
article 30, §§ 12.0-1 and 12.0-2 of the baltimore clty code, 
subject to the condition that following conditions: 

(1 ) the site plan, landscape plan elevations, and signage 
must receive final approval from the planning 
Commission; 

(2) all commercial uses on the site (within the planned unit 
development) must comply with the parking 
requirements of the zoning ordinance; and 

(3) the drive-in pharmacy complies must comply with all 
applicable federal, state, and local licensing and 
certification requirements." 

Section 2. And be it further ordained. That the Existing 
Conditions drawings dated May 7, 1997 and the Proposed Plan drawings 
dated May 7, 1997, attached to this Ordinance, are made a part of this 
Ordinance. 

SECTION 2 3. AND BE it FURTHER ORDAINED, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance, (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the Plat; (ii) when the Mayor approves the Ordinance, he shall sign the Plat; 
and (iii) the Director of Finance shall then transmit a copy of the Ordinance 
and the Plat to the Board of Municipal and Zoning Appeals, the Planning 
Commission, and the Supervisor of Assessments for Baltimore City and the 
Zoning Administrator. 

Section 34. And be it further ordained, That after the enactment 
of this Ordinance, all changes in the approved Development Plan for the 
development of the property must be consistent with this Ordinance and 
must be reviewed and approved by the Planning Commission. 

Section 4 5. And be it further ordained, That this Ordinance shall 
take effect on the 30th day after the date it is enacted. 



240 



1 996- 1 997 Session Ord. 97- 1 88 



Approved October 15, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-188 
Council Bill 97-401 

An Ordinance Concerning 

Street Encroachment — 3401 Eastern Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

construction and maintenance of a handicapped accessory structure 
projecting into the public right-of-way on the west side of the property 
known as 3401 Eastern Avenue (being on the east side of Highland 
Avenue). 

By authority of 

Article 32 - Building Code 
Section(s) 3202.1.1, 3205.7 
Baltimore City Code 
(1994 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That: 

(a) Permission is granted for the construction and maintenance of a 
handicapped accessory structure on the west side of the property known as 
3401 Eastern Avenue (being on the east side of Highland Avenue), subject 
to the conditions specified in this Ordinance. 

(b) The structure may not (i) project into the public right-of-way more 
than four feet or (ii) exceed seventeen feet in length. 

(c) Except as specifically provided in this Ordinance, all ordinances, 
rules, and regulations of the Mayor and City Council of Baltimore, 
including but not limited to the requirement to obtain a right-of-entry 
permit, must be complied with in the construction and maintenance of this 
structure. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



241 



Ord. 97- 1 89 1 996- 1 997 Session 



Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-189 
Council Bill 97-459 

An Ordinance Concerning 

Street Encroachment — Leslie Street Development 

For the purpose of permitting, subject to certain conditions, the 

construction and maintenance of entry steps projecting into the public 
right-of-way from certain premises on the east and west sides of the 
1500 block of Leslie Street. 

By authority of 

Article 32 - Building Code 
Section(s) 3202.1.1, 3203.6 
Baltimore City Code 
(1994 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That: 

(a) Permission is granted for the construction and maintenance of e mtry 
entry steps projecting into the pedestrian walkway from certain premises on 
the east and west sides of the 1500 block of Leslie Street, subject to the 
conditions specified in this Ordinance. 

(b) The steps may not project into the public right-of-way more than 4 
feet. 

(c) Except as specifically provided in this Ordinance, all ordinances, 
rules, and regulations of the Mayor and City Council of Baltimore, 
including but not limited to the requirement to obtain a right-of-entry 
permit, must be complied with in the construction and maintenance of this 
structure. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



242 



1 996- 1 997 Session Ord. 97- 1 90 



Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-190 
Council Bill 97-517 

An Ordinance Concerning 



Supplementary Education Fund Operating Appropriation — 
Baltimore City Public Schools — $3,033,625 

FOR the purpose of providing a Supplementary Education Fund Operating 
Appropriation in the amount of $3,033,625 for Baltimore City Public 
Schools - Program 767 (Facilities), to provide funding for additional 
operating expenses to eliminate Fiscal 1997 over-expenditure; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 17, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 



243 



Ord. 97- 1 9 1 1 996- 1 997 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,033,625 shall be made available for Baltimore City 
Public Schools - Program 767 (Facilities) as a Supplementary Education 
Fund Operating Appropriation for Fiscal Year 1997, to provide funding for 
additional operating appropriations to eliminate Fiscal 1997 over- 
expenditure. The source of revenue for this appropriation is the Fiscal 1997 
special reserve account in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-191 
Council Bill 97-518 

An Ordinance Concerning 



Supplementary Education Fund Operating Appropriation — 
Baltimore City Public Schools — $2,096,375 

FOR the purpose of providing a Supplementary Education Fund Operating 
Appropriation in the amount of $2,096,375 for Baltimore City Public 
Schools - Program 783 (Management Information Systems), to provide 
funding for additional operating appropriations to eliminate Fiscal 1997 
over-expenditure; and providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 



244 



1 996- 1 997 Session Ord. 97- 1 92 



This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 17, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That $2,096,375 shall be made available for Baltimore City 
Public Schools - Program 783 (Management Information Systems) as a 
Supplementary Education Fund Operating Appropriation for Fiscal Year 
1998, to provide additional operating appropriations to eliminate Fiscal 
1997 over-expenditure. The source of revenue for this appropriation is the 
Fiscal 1997 special reserve account in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-192 
Council Bill 97-519 

An Ordinance Concerning 



Supplementary Motor Vehicle Fund Operating Appropriation — 
Department of Public Works — $2,365,000 

For the purpose of providing a Supplementary Motor Vehicle Fund 
Operating Appropriation in the amount of $2,365,000 to the 
Department of Public Works - Program 513 (Solid Waste 
Maintenance), to provide funding for additional operating 
appropriations to eliminate Fiscal 1997 over-expenditure; and providing 
for a special effective date. 



245 



Ord. 97-192 1996-1997 Session 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 17, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,365,000 shall be made available to the Department of 
Public Works - Program 513 (Solid Waste Maintenance) as a 
Supplementary Motor Vehicle Fund Operating Appropriation for Fiscal 
Year 1998, to provide funding for additional operating appropriations to 
eliminate Fiscal 1997 over-expenditure. The source of revenue for this 
appropriation is the Fiscal 1997 special reserve account in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



246 



1 996- 1 997 Session Ord. 97- 1 93 



City of Baltimore 
Ordinance 97-193 
Council Bill 97-520 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Department of Public Works — $2,753,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $2,753,000 to the Department of Public 
Works - Program 193 (Building Maintenance), to provide funding for 
additional operating appropriations to eliminate Fiscal 1997 over- 
expenditure; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1997. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1997 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1997 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 17, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,753,000 shall be made available to the Department of 
Public Works - Program 193 (Building Maintenance) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1998,to provide 
funding for additional operating appropriations to eliminate Fiscal 1997 



247 



ORD. 97- 1 94 1 996- 1 997 SESSION 



over-expenditure. The source of revenue for this appropriation is the Fiscal 
1997 special reserve account in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-194 
Council Bill 97-521 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Educational Grants — $66360 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $66,360 for Educational Grants - 
Program 446 ( Educational Grants), to provide funding for tuition 
scholarships to the Maryland Institute, College of Art; and providing for 
a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 



248 



1 996- 1 997 Session Ord. 97- 1 95 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $66,360 shall be made available to the Educational 
Grants - Program 446 (Educational Grants) as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1998, to provide funding for 
tuition scholarships to the Maryland Institute, College of Art. The source of 
revenue for this appropriation is the Fiscal 1997 special reserve account in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be rr further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-195 
Council Bill 97-522 

An Ordinance Concerning 



Supplementary General Fund Capital Appropriation — 
Department of Housing and Community Development — $750,000 

For the purpose of providing a Supplementary General Fund Capital 

Appropriation in the amount of $750,000 to the Department of Housing 
and Community Development (Program 991 1-588-826) to provide 
funding for the Public Safety and Education Initiative; and providing for 
a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 



249 



Ord. 97- 1 96 1 996- 1 997 Session 



Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $750,000 shall be made available to the Department of 
Housing and Community Development (Program 991 1-588-826) as a 
Supplementary General Fund Capital Appropriation for Fiscal Year 1998, to 
provide funding for the Public Safety and Education Initiative. The source 
of revenue for this appropriation is the Fiscal 1997 special reserve account 
in excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-196 
Council Bill 97-523 

An Ordinance Concerning 



250 



1 996- 1 997 Session Ord. 97- 1 96 



Supplementary General Fund Capital Appropriation — 
Health Department — $30,000 

FOR the purpose of providing a Supplementary General Fund Capital 
Appropriation in the amount of $30,000 to the Health Department 
(Account #9926-312-008), to provide funding for completing the 
Homeless Veterans building project; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could" not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $30,000 shall be made available to the Health 
Department (Account #9926-312-008) as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1998, to provide funding for 
completing the Homeless Veterans building project. The source of revenue 
for this appropriation is the Fiscal 1997 special reserve account in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1998. 



251 



Ord. 97- 1 97 1 996- 1 997 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-197 
Council Bill 97-524 

An Ordinance Concerning 

Supplementary General Fund Capital Appropriation — 
Health Department — $13,018 

For the purpose of providing a Supplementary General Fund Capital 
Appropriation in the amount of $13,018 to the Health Department 
(Account #9926-312-004), to provide funding for additional 
appropriations needed to meet the cost of the Druid Health District 
building renovations; and providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Fiscal 1997 special reserve account in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



252 



1 996- 1 997 Session Ord. 97- 1 98 



On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $13,018 shall be made available to the Health 
Department (Account #9926-312-004) as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1998, to provide funding for 
additional appropriations needed to meet the cost of the Druid Health 
District building renovations. The source of revenue for this appropriation 
is the Fiscal 1997 special reserve account in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 3 1 , 1 997 Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-198 
Council Bill 97-525 

An Ordinance Concerning 

Supplementary General Fund Capital Appropriation — 
Health Department —■ $98,513 

FOR the purpose of providing a Supplementary General Fund Capital 
Appropriation in the amount of $98,513 to the Health Department 
(Account #9926-312-007) for additional appropriations for completing 
the Cherry Hill Multi-Purpose Center project; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 



253 



Ord. 97- 1 99 1 996- 1 997 Session 



The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $98,513 shall be made available to the Health 
Department (Account #9926-312-007) as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1998, to provide funding for 
completing the Cherry Hill Multi-Purpose Center project. The source of 
revenue for this appropriation is the Fiscal 1997 special reserve account in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-199 
Council Bill 97-526 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Mayoralty-Related - Miscellaneous General Expenses — $600,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $600,000 to the Mayoralty-Related - 



254 



1 996- 1 997 Session Ord. 97- 1 99 



Miscellaneous General Expenses - Program 122 (Miscellaneous 
General Expenses), to provide funding for a special grant to the 
Baltimore City Foundation for the Child First Authority; and providing 
for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $600,000 shall be made available to the Mayoralty- 
Related - Miscellaneous General Expenses - Program 122 (Miscellaneous 
General Expenses) as a Supplementary General Fund Operating 
Appropriation for Fiscal Year 1998, to provide funding for a special grant to 
the Baltimore City Foundation for the Child First Authority. The source of 
revenue for this appropriation is the Fiscal 1997 special reserve account in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



255 



Ord. 97-200 1 996- 1 997 Session 



Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-200 
Council Bill 97-527 

An Ordinance Concerning 

Supplementary State Fund Operating Appropriation — 
Mayoralty — $110,000 

For the purpose of providing a Supplementary State Fund Operating 
Appropriation in the amount of $1 10,000 to the Mayoralty - Program 
350 (Office of Children and Youth), to provide funding for intensive 
child care counseling for city residents; and providing for a special 
effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
State of Maryland Department of Social Services in excess of the revenue 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1998. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1 10,000 shall be made available to the Mayoralty - 
Program 350 (Office of Children and Youth) as a Supplementary State 
Fund Operating Appropriation for Fiscal Year 1998, to provide funding for 
intensive child care counseling for city residents. The source of revenue for 



256 



1 996- 1 997 Session Ord. 97-20 1 



this appropriation is the grant from the State of Maryland Department of 
Social Services in excess of the amount from this source that was relied on 
by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-201 
Council Bill 97-528 

An Ordinance Concerning 

Supplementary State Fund Operating Appropriation — 
Mayoralty — $47,706 

FOR the purpose of providing a Supplementary State Fund Operating 
Appropriation in the amount of $47,706 for Mayoralty - Program 350 
(Office of Children and Youth), to provide funding to establish an 
employer focus group and to provide child care/community resource 
assistance for welfare clients; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
State of Maryland Department of Social Services in excess of the revenue 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1998. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1998 was formulated. 



257 



ORD. 97-202 1 996- 1 997 SESSION 



On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $47,706 shall be made available to the Mayoralty - 
Program 350 (Office of Children and Youth) as a Supplementary State 
Fund Operating Appropriation for Fiscal Year 1998, to establish an 
employer focus group child care/community resource assistance for welfare 
clients. The source of revenue for this appropriation is the grant from the 
Maryland State Department of Social Services in excess of the amount from 
this source that was relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-202 
Council BUI 97-529 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $1,905,735 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $1,905,735 to the Department of 
Recreation and Parks - Program 480 ( Regular Recreational Services), 
to provide funding for additional operating expenses; and providing for 
a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 



258 



1 996- 1 997 Session Ord. 97-203 



The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,905,735 shall be made available to the Department of 
Recreation and Parks - Program 480 (Regular Recreational Services) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1998, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is the Fiscal 1997 special reserve account in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-203 
Council Bill 97-530 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Art and Culture — $369,265 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $369,265 to the Art and Culture - 



259 



Ord. 97-203 1 996- 1 997 Session 



Program 493 (Art and Culture Grants), to provide funding for grant 
adjustments to the Walters Art Gallery ($281,154) and the Baltimore 
Symphony ($88,1 1 1); and providing for a special effective date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in detennining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $369,265 shall be made available to the Art and Culture 
- Program 493 (Art and Culture Grants) as a Supplementary General Fund 
Operating Appropriation for Fiscal Year 1998, to provide funding for grant 
adjustments to the Walters Art Gallery ($281,154) and the Baltimore 
Symphony ($88,1 1 1). The source of revenue for this appropriation is the 
Fiscal 1997 special reserve account in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



260 



1 996- 1 997 Session Ord. 97-204 



City of Baltimore 
Ordinance 97-204 
Council Bill 97-531 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Museum Of Art — $125,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $125,000 to the Museum of Art - 
Program 489 ( Operation of Museum of Art), to provide funding for 
additional operating expenses; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $125,000 shall be made available to the Museum of Art - 
Program 489 ( Operation of Museum of Art) as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1998, to provide funding for 
additional operating expenses. The source of revenue for this appropriation 



261 



ORD. 97-205 1 996- 1 997 SESSION 



is the Fiscal 1997 special reserve account in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-205 
Council Bill 97-532 

An Ordinance Concerning 

Supplementary State Fund Operating Appropriation — 
Mayoralty — $1,135,108 

FOR the purpose of providing a Supplementary State Fund Operating 
Appropriation in the amount of $1,135,108 for Mayoralty - Program 
350 (Office of Children and Youth), to provide funding for staff to 
facilitate planning for innovative child care services and to establish a 
Working Parent Child Care Investment Fund; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
State of Maryland Department of Social Services in excess of the revenue 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1998. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 



262 



1 996- 1 997 Session Ord. 97-206 



On September 24, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,135,108 shall be made available to the Mayoralty - 
Program 350 (Office of Children and Youth) as a Supplementary State Fund 
Operating Appropriation for Fiscal Year 1998, to provide funding for staff 
to facilitate planning for innovative child care services and to establish a 
Working Parent Child Care Investment Fund. The source of revenue for 
this appropriation is a State grant from the Department of Social Services in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved October 31, 1997 

Kurt L. Schmoke, Mayor 



Third-Enrolled 

City of Baltimore 

Ordinance 97-206 

Council Bill 155 

An Ordinance Concerning 

Dealers in Second-Hand Personal Property, Antiques, 
and Consignment Goods 

FOR the purpose of defining certain terms; requiring certain dealers to 

submit certain reports; requiring certain dealers to hold certain items for 
certain periods; authorizing inspections by law enforcement officers; 
providing for the disposition of stolen property; prohibiting certain 
transactions with minors; providing certain exemptions; providing 
penalties; authorizing the Police Commissioner to adopt rules and 
regulations to carry out this subtitle^ providing for a special effective 
date; and providing generally for the licensing and regulation of certain 
dealers in second-hand personal property, antiques, and consignment 
goods. 



263 



ORD. 97-206 1 996- 1 997 SESSION 



By repealing and reordaining with amendments 

Article 19 - Police Ordinances 

Subtitle — Second Hand Personal Prop e rty Deal e rs 

Section 48A through 48 C to be under the amended subtitle designation 

"Dealers in Second-Hand Personal Property, Antiques, and 

Consignment Goods" 
Baltimore City Code (1983 Replacement Volume, as amended) 

By renumbering 

Article 19 — Police Ordinanc e s 

Subtitle — S e cond Hand Personal Prop e rty Dealers 

S e ction 4S€ to bo 181 

Baltimore City Code (1983 Replacement Volume, as amended) 

By adding 

Article 19 - Police Ordinances 

Subtitle — Second Hand Personal Property Dealers 

Section 48C, 48D, 48E, 48F, 48G, 48H, 48J, 48K, 48 L, to be under the 

newly designated subtitle "Dealers in Second-Hand Personal 

Property, Antiques, and Consignment Goods" 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it Ordained by the Mayor and City Council of 
Baltimore, That Section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to read 
as follows: 

Article 19 - Police Ordinances 

Second - hand Personal Property Dealers 

Dealers in Second-Hand Personal Property, 
Antiques, and Consignment Goods 



48A. Definitions. 

(a) In general. 

In this subtitle, the following words have the meanings 
indicated. 



264 



1 996- 1 997 Session Ord. 97-206 



[(a)] (B) Second-hand personal property dealer. 

"Second-hand personal property dealer" means any [Any] 
person [, firm or corporation] ENGAGED IN THE BUSINESS OF s e lling, [or] 
trading in, OR TRANSFERRING BUYING FOR RESALE, TRADE, OR TRANSFER 
used or previously owned PROPERTY OR merchandise, including, but not 
limited to, clothes, books, furniture, household items, and other moveable 
personal property, excluding motor vehicles , RECORDS, TAPES, COMPACT 
DISCS, AND BOOKS . 

[(b)] (C) Antique dealer. 

"ANTIQUE DEALER" MEANS ANY [Any] person[, firm or corporation] 
ENGAGED IN THE BUSINESS OF selling, [or] trading in, OR TRANSFERRING 
BUYING FOR RESALE, TRADE. OR TRANSFER personal property having special 
value because of it its age, including but not limited to paintings, books, 
clothing, furniture, glass, ceramics, rugs, silverware, carvings, sculpture, 
and other moveable personal property, excluding motor vehicles , RECORDS, 

TAPES, COMPACT DISCS, AND BOOKS . 

[(c)] (D) Consignment goods dealer. 

(1) "Consignment goods dealer" means any [Any] person [, 
firm or corporation] receiving consignment goods for the purpose of selling 
[same] them. 

(2) "Consignment goods" [shall include] includes all categories of 
moveable personal property enumerated in this section. 

[(d)] (e) Collective. 

"Collective" means a [A] facility owned and operated for the 
b e nefit of [s e cond hand personal property dealers, antique deal e r or 
consignment goods] d e alers, which provides space, retail clerical s e rvic e s, 
or other support s e rvic e s at a single location for one or more dealers 
[enumerated herein], [Such faciliti e s are not limited to but may commonly 
be known as "antique marts".] For the purpose of this subtitle, a collective 
is also any group of contiguous stor e s own e d and operated as an 
establishment. 



265 



ORD. 97-206 1 996- 1 997 SESSION 



(&(e) Dealer. 

"Dealer" means any second-hand personal property dealer, 
antique dealer, or consignment goods dealer. 

16} (f) Person. 

"Person" means any individual, corporation, partnership, 
joint venture, sole proprietorship, or any other business entity. 

(h)(g) Transfer. 

"Transfer" means to purchase, sell, trade, consign, or 
otherwise exchange personal property or merchandise for 
consideration. 

(I) TRANSACTION. 

"TRANSACTION" MEANS THE ACT OF TRANSFERRING. 

(j) Jewelry. 

"Jewelry" means any jewelry, costume or otherwise. 

48B. [Regulations] DAILY REPORTS REQUIRED. 

[Second-hand personal property dealers are subject to such regulations 
relating to recordation, dealing with minors, identification, and reporting to 
the Police Commissioner, as are required by the Police Commissioner.] 

(a) in general. 

( 1 ) Each dealer shall cause to be written in a legible and 

ACCURATE MANNER ON FORMS SUPPLIED BY THE POLICE COMMISSIONER G£- 

Baltimore City , a daily report for each transaction in which a 
person transfers items to the dealer on that day. 

(2) The dealer shall forward the daily report to the 
Pawnshop Unit of the Baltimore City Police Department, as 
provided in Section 48C of this subtitle. 



266 



1 996- 1 997 Session Ord. 97-206 



(3) The daily reports shall be open to inspection by any 
law enforcement officer, subject to the confidentiality provisions 
of Section A 8C of this subtitle. 

(b) Information required for daily Scope of reports. 

Except as provided in subsection (g) (d) of this section, the daily 
report shall contain the following information specified in 
subsection (c) of this section for: 

(1) EACH ITEM TRANSFERRED; OR 

(2) EACH GROUP OF SUBSTANTIALLY IDENTICAL SIMILAR ITEMS 
TRANSFERRED AS PART OF ONE TRANSACTION . 

(c) Information required. 

The daily report shall contain the following information : 

( 1 ) the date, place, and time of each transaction, including 
the location where the dealer purchased or received the item or 
group of items; 

(2) A description of the item or group of items, including: 

(I) THE SPECIFIC TYPE AND NUMBER OF ITEMS; 

(II) THE MANUFACTURER, MODEL NUMBER, AND YEAR OF 
MANUFACTURE IF KNOWN, AND ANY SOUNDEX NUMBER OR UNIQUE 
IDENTIFYING NUMBER FOUND ON THE ITEM; 

(HI) COLOR, SIZE, STYLE, AND APPROXIMATE AGE; 

(IV) FOR JEWELRY (OTHER THAN COSTUME JEWELRY MEETING 
STANDARDS SET BY THE POLICE COMMISSIONER) , A DESCRIPTION BY WEIGHT 
(IF PAYMENT IS BASED ON WEIGHT), STYLE, GENDER, NUMBER AND 
CONFIGURATION OF STONES, CONFIGURATION OF STONES, AND ANY INITIALS 
OR DISTINGUISHING MARKS OR INSCRIPTIONS; 

(V) A STATEMENT OF WHETHER OR NOT THE ITEM APPEARS TO 
HAVE BEEN ALTERED BY ANY MEANS, INCLUDING: 

1 . OBSCURING A SERIAL NUMBER OR IDENTIFYING FEATURE; 
267 



ORD. 97-206 1 996- 1 997 SESSION 

2. MELTING; OR 

3. RECUTTING A GEM; AND 

(VI) THE AMOUNT PAID OR OTHER CONSIDERATION; 

(3) FOR EACH INDIVIDUAL FROM WHOM THE DEALER ACQUIRES AN 
ITEM: 

(I) THE INDIVIDUAL'S NAME, DATE OF BIRTH, AND LICENSE 
NUMBER FROM A CLEARLY IDENTIFIABLE DRIVER'S LICENSE; 

(II) IDENTIFICATION INFORMATION ABOUT THE INDIVIDUAL 
THAT: 

1 . POSITIVELY IDENTIFIES THE INDIVIDUAL FROM AT LEAST 2 
FORMS OF IDENTIFICATION, WHICH MAY INCLUDE AN AGE OF MAJORITY CARD, 
MILITARY IDENTIFICATION, PASSPORT, OR OTHER SIMILAR PHOTOGRAPHIC 
IDENTIFICATION; AND 

2. PROVIDES A PHYSICAL DESCRIPTION OF THE INDIVIDUAL, 
INCLUDING THE SEX, RACE, DATE OF BIRTH, ANY DISTINGUISHING FEATURES, 
AND WEIGHT OF THE INDIVIDUAL; OR 

(III) A STATEMENT BY THE DEALER THAT: 

1 . THE DEALER HAS KNOWN THE TRANSFEROR OF THE ITEM 
FOR 10 YEARS OR LONGER AND KNOWS THAT THE TRANSFEROR HAS LIVED AT 
HIS/HER CURRENT RESIDENCE FOR NOT LESS THAN 3 YEARS; 

2. THAT THE SPECIFIC INFORMATION REQUIRED BY SUBITEMS 
(I) OR (II) OF THIS ITEM £3) IS RETAINED IN THE DEALER'S RECORDS; AND 

3. THAT A RECORD OF THE TRANSACTION SIGNED BY THE 
INDIVIDUAL FROM WHOM THE ITEM IS ACQUIRED IS RETAINED IN THE 
DEALER'S RECORDS; 

(4) IF THE INDIVIDUAL FROM WHOM THE DEALER ACQUIRES THE ITEM 
IS ACTING AS AN AGENT FOR A PRINCIPAL, THE SAME INFORMATION FOR THE 
PRINCIPAL AS THAT WHICH IS REQUIRED BY ITEM (3) OF THIS SUBSECTION 
SHALL ALSO BE PROVIDED ABOUT THE PRINCIPAL TO BE GIVEN FOR THE 
AGENT; 



268 



1 996- 1 997 Session Ord. 97-206 



(5) a statement indicating whether or not the person 
making the transaction transfer is personally known to the 
dealer; and 

(6) THE SIGNATURE OF THE DEALER WHO ACCEPTED THE ITEM AND, 
EXCEPT FOR A TRANSACTION REPORTED UNDER ITEM (3) (ill) OF THIS 
SUBSECTION, THE SIGNATURE OF THE INDIVIDUAL FROM WHOM THE ITEM IS 
ACQUIRED. 

(C) FLEA MARKETS, DECEDENTS' ESTATES. 

FOR ITEMS ACQUIRED AT A PUBLIC SALE COMMONLY KNOWN AS A LAWN 
SALE, GARAGE SALE, OR FLEA MARKET, OR FROM THE PERSONAL 
REPRESENTATIVE OF A DECEDENT, THE DAILY REPORT SHALL CONTAIN A 
GENERAL DESCRIPTION OF THE ITEMS, THE TOTAL DOLLAR AMOUNT PAID BY 
THE DEALER, THE NAME AND LOCATION OF THE PUBLIC SALE OR THE NAME 
AND ADDRESS OF THE PERSONAL REPRESENTATIVE, AS THE CASE MAY BE, AND 
ANY OTHER INFORMATION THE POLICE COMMISSIONER MAY REQUIRE. 

(p) Exceptions. 

(1) This subsection applies to items acquired by a dealer: 

(I) FROM ANOTHER UCENSED DEALER faI€E NSED UNDER -33tiS 

subtitle ; 

(ii) from a person licensed by the clty as a pawnbroker; 

(iii) from a person licensed by the clty as a junk dealer; 

(iv) at a public auction conducted by a licensed an a 
ucensed auctioneer ucensed by the clty -: 

(v) from the personal representative of a decedent; or 

(vi) at a public sale commonly known as a lawn sale, 
garage sale. or flea market. 

(2 ) For items acquired under paragraph ( 1 ) of this 
subsection. the daily report need only contain a genera l 
description of the items, the total dollar amount paid by the 
dealer. the name and address of the selling dealer. pawnbroker, 
auctioneer. or personal representative or, for an acquisiti on 



269 



ORD. 97-206 1 996- 1 997 SESSION 



under paragraph ( 1 )(vi) of this subsection, the identity and 
location of the public sale, as the case may be, and any other 
information the police commissioner may require. 

(2) Items acquired under paragraph (1 ) of this subsection are 
not subject to the reporting requirements of this section or of §48c 
or to the item retention requirements of §48d(b) as long as the 
acquiring dealer keeps a record, subject to inspection under §48e, of 
the information required by this section and compues with all other 
requirements of this subtitle. 

48c. reports to be sent to police commissioner . 

(a) in general. 

a dealer shall submit each daily report to the pawnshop 
Unit of the Baltimore City Police Department by: 

(1) delivering the report or electronically transmitting a 

FACSIMILE OF IT BY 10 A.M. ON THE BUSINESS DAY IMMEDIATELY FOLLOWING 
THE DAY FOR WHICH THE REPORT IS MADE; OR 

(2) MAILING THE REPORT AT THE END OF THE BUSINESS DAY FOR 
WHICH THE REPORT IS MADE. 

(B) CONFIDENTIALITY. 

A DAILY REPORT SUBMITTED UNDER THIS SECTION SHALL BE KEPT 
CONFIDENTIAL, AS PROVIDED IN SECTION 12-304(C) OF THE BUSINESS 

Regulation Article of the Maryland Code. 

48D. Retention of records and items. 

(a) Retention of records. 

For at least 3 years after the date of the transaction a 
transfer , the dealer shall hold at the dealer's place of business 
all records of a the transaction; 

(1) atthe dealer's place of business; or 

(2) if otherwise specifically required by the dealer's 
property insurer, at some other suitable location designated by 



270 



1 996- 1 997 Session Ord. 97-206 



the dealer and from which the dealer can produce the records as 
and when needed by the police department. 

(b) Retention of items. 

( 1 ) Except as authorized under paragraph (2) of this 
subsection. the dealer shall hold at the dealer's place of business 
all acquired items as follows: 

£j-){ll a precious metal object, as defined in section 12- 
101 of the business regulation article of the maryland code, 
shall be held for at least 1 8 days after the report of its 
acquisition is made in accordance with this subtitle; and 

(24(h) an¥ every other item shall be held for at least 1 
days after the report of its acquisition is made in accordance with 
this subtitle. 

(2) The Police Commissioner shall adopt reasonable 
procedures for granting waivers or permitting shorter holding 
periods. on an ad hoc or long-term basis. in cases of dealer 
hardship. subject to such record keeping or other reasonable 
requirements as may be necessary to preserve the integrity of the 
reporting and holding requirements of this subtitle. these 
procedures shall include: 

(i) provisions for waiving the-holding period for items 
purchased directly from. and previously held for the required 
period by. another dealer. pawnbroker. or junk dealer; and 

(ii) a mechanism for assuring prompt decisions on 
requests for waivers. 

(c) Labels. 

ALL ITEMS IN THE DEALER'S PLACE OF BUSINESS SHALL BE CLEARLY 
MARKED OR LABELED TO CORRELATE WITH THE TRANSACTION RECORD AND 
WITH THE RECEIPT OF PURCHASE OR, IF THE ITEM IS IN FOR REPAIR, THE 
INVOICE l 

( 1 ) THE DEALER' S RECORD OF THE TRANSACTION; AND 



271 



Ord. 97-206 1 996- 1 997 Session 



(2) THE PURCHASE RECEIPT OR, IF THE ITEM IS IN FOR CONSIGNMENT 
OR REPAIR, THE INVOICE . 

48E. Inspection of records and items. 

(a) Dealer to allow inspection. 

a dealer shall allow a law enforcement officer, on request 
acting in the line of duty , to enter the dealer's place of business or 
storage premises during business hours to inspect any record of 
transactions subject to this subtitle and any items on the premises . 

(b) Dealer's presence required. 

On request of the dealer, the officer shall make the inspection 
in the presence of the dealer. 

(c) Search warrant. 

If the dealer refuses to allow access or refuses to produce the 
a record or item for inspection, the officer shall seek a search 

WARRANT. 

48F. Release of stolen property. 

(A) IN GENERAL. 

A DEALER SHALL RELEASE TO THE POLICE DEPARTMENT ANY ITEM 
OF PROPERTY, OTHER THAN A SECURITY OR PRINTED EVIDENCE OF 
INDEBTEDNESS, LOCATED AT THE PLACE OF BUSINESS OF THE DEALER INTHE 
DEALER'S POSSESSION IF: 

( 1 ) THE ITEM IS ESTABLISHED TO BE STOLEN; 

(2) THE OWNER OF THE ITEM OR THE VICTIM OF THE THEFT HAS: 

(I) POSITIVELY IDENTIFIED THE ITEM; OR AND 

(II) PROVIDED AN AFFIDAVIT OF OWNERSHIP AND MADE A 
REPORT OF THE THEFT TO A LAW ENFORCEMENT AGENCY; AND 

(3) THE STOLEN PROPERTY REPORT DESCRIBES THE ITEM BY: 



272 



1 996- 1 997 Session Ord. 97-206 



(I) date; 

(II) INITIALS; 

(III) AN INSURANCE RECORD; 

(IV) A PHOTOGRAPH; 

(V) A SALES RECEIPT; 

(VI) A SERIAL NUMBER; 

(VII) SPECIFIC DAMAGE; 

(VIII) A STATEMENT OF FACTS THAT SHOW THE ITEM IS ONE OF A 



KIND; OR 



(ix) a unique engraving ; and 
(4) the dealer is given a receipt for the item released . 

(b) Additional holding period. 

( 1 ) After the retention period required by Section 48D(b) of 
this subtitle, a dealer shall retain in the dealer's place of business 
continue to hold any item of personal property or other valuable 

THING IF: 

(4-){l) A LAW ENFORCEMENT OFFICER REQUESTS THAT THE 
DEALER RETAIN HOLD THE ITEM; 

{2}{n} THE LAW ENFORCMENT ENFORCEMENT OFFICER HAS 
REASONABLE CAUSE TO BELIEVE THE ITEM HAS BEEN STOLEN; AND 

GXm) THE ITEM HAS NOT BEEN IDENTIFIED UNDER SECTION 
48F(A)(2) OF THIS SUBTITLE SUBSECTION (A)(2) OF THIS SECTION . 

(2) ANY ITEM PLACED ON ADDITIONAL POLICE HOLD UNDER THIS 
SUBSECTION SHALL BE HELD BY THE DEALER UNTIL! 

(I) THE POLICE SEIZE THE ITEM OR UNTIL; 

(II) THE PAWNSHOP UNIT POLICE DEPARTMENT RELEASES THE 
POLICE HOLD OR DIRECTS THE ITEM TO BE RELEASED TO THE OWNER; OR 

(HI) 1 YEAR AFTER THE ADDITIONAL POLICE HOLD WAS IMPOSED . 

(c) Return to owner. 

When the Police no longer need an item for evidence, it 
shall be returned to the owner. 



273 



Ord. 97-206 1 996- 1 997 Session 



(d) Reimbursement prohibited not prerequisite to release . 

a dealer who is required to release an item under this 
section is not entitled to demand. or to condition the release on, 
any reimbursement for any purchase price from: 

( 1 ) the police department; 

(2) the owner of the item; or 

(3) THE VICTIM OF THE THEFT. 

48G. Transactions with minors prohibited. 

A DEALER MAY NOT ACQUIRE ANY ITEM IN A TRANSACTION WITH A 
MINOR. 

48H. True name, age, address. 

An individual who transfers or otherwise disposes of AN ITEM TO 

A DEALER OR TO THE AGENT OR EMPLOYEE OF A DEALER SHALL MAY NOT FAIL 
OR REFUSE TO GIVE THE INDIVIDUAL'S TRUE NAME, AGE, AND ADDRESS AND, 
IF THE INDIVIDUAL IS ACTING AS AN AGENT FOR A PRINCIPAL, THE PRINCIPAL'S 
TRUE NAME, AGE, AND ADDRESS. 

[48C] 481. License [fee] REQUIRED. 

(A) INGENERALt. 

(l)Eaeh Except as provided in subsection (b) or (c) of this 
SECTION, EACH person [, firm or corporation] d e aling in second hand 
personal property, consignment goods, or antiqu e s CONDUCTING BUSINESS 
AS A SECOND-HAND PERSONAL PROPERTY DEALER, ANTIQUE DEALER, OR 
CONSIGNMENT GOODS DEALER within the City of Baltimore shall pay for the 
privilege of conducting [such] that business by first taking out an annual 
license [therefor] and paying an annual license fee in the amount of $50 for 
each place of business. 

(2) [Said] This The license shall be granted issued by the Director 
of Finance. The annual license fee [hereby imposed] shall be collectible 
pursuant to the provisions of ARTICLE 15, Sections 88 and 108 of Article 15 
of this Code. The license issued to the owner or operator of a collective 
shall fulfill the license requirem e nts for all memb e r dealers in the collective. 



274 



1 996- 1 997 Session Ord. 97-206 



(b) Cooperatives. 

(1) In this subsection, "cooperative" means: 

(i) a facility that is owned and operated for the benefit 
of, and that provides space, clerical services, or other support 
services at a single location for, two or more dealers; or 

(ii) any group of contiguous stores or outlets that are 
owned and operated as a single establishment. 

(2) Subject to the rules and regulations of the Police 
Commissioner, including provision for identifying member dealers 
AS THEY change from time to time, the owner or operator of a 
cooperative may obtain one master license to cover all member 
dealers in the cooperative. 

(3) This master license fulfills the license requirements 

FOR ALL DEALERS WHO HAVE BEEN IDENTIFIED TO THE POLICE 

Commissioner as members of the cooperative. Member dealers 
remain individually responsible, however, for all reporting, 
identification. record keeping, retention, and other requirements 
of this subtitle. the owner or operator who obtains the master 
license is not personally liable for any act or omission of a 
member dealer to which the owner or operator was not a party. 

[{B) (b) A second-hand personal property dealer, antique dealer, 
consignment goods dealer who is also subject to the licensing provisions 
relating to junk dealers, shall pay only the annual license fee for junk 
dealers.] 

1YC)1 (B) (C) CERTAIN TAX EXEMPT ENTITIES. 

[Nothing in this section shall apply to a person, firm, or corporation] 
Any DEALER that is exempt [or eligible for exemption] from taxation under 
[sections] Section 501(c)(3) [and] or Section 501(c)(1) of the Internal 
Revenue Code is exempt from having to pay the license fee, but is 

REQUIRED TO OBTAIN A LICENSE AND TO COMPLY WITH ALL OTHER 
PROVISIONS OF THIS SUBTITLE. 

48J. Exemptions. 

(a) Pawnbrokers; junk dealers. 



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Ord. 97-206 1 996- 1 997 Session 



This subtitle does not apply toi 

(1) any person licensed as a pawnbroker under article 15 - 
Licenses, Subtitle "Pawnbrokers", of this Code; or 

(2) any person licensed as a junk dealer under article 1 9 - 
Police Ordinances, Subtitle "Junk Dealers", of this Code. 

(B) Certain Tax-exempt entities. 

This subtitle does not apply to any dealer that is exempt from 

TAXATION UNDER SECTION 501 (C)(3 ) OR SECTION 501 (C)(4 ) OF THE INTERNAL 

Revenue Code. 

teUc) Consignment goods. 

Consignment goods are not subject to the daily reporting 
requirements of §§48b and 48c or to the item retention 
requirements of §48d(b) as long as the dealer keeps a record, 
subject to inspection under §48e, of all the information required 
by §48b and complies with all other requirements of this subtitle. 

(c)f(d)} flea market dealers. 

Second-hand personal property acquired by a dealer for 
resale, trade, or transfer exclusively at a flea market is not subject 
to the daily reporting requirements of §§48b and 48c or to the item 
retention requirements of §48d(b)as long as: 

(1 ) all of the dealer 's resale, trade, or transfer business is 
conducted exclusively at the flea market; 

(2 ) the dealer is ucensed under this subtitle or the flea 
market has obtained a master ucense as a cooperative and the dealer is 
identified as a member of the cooperative; 

(3) the flea market is open for business no more than 2 days a 

WEEK; AND 

(4) THE DEALER KEEPS A RECORD, SUBJECT TO INSPECTION UNDER 
§48E, OF ALL THE INFORMATION REQUIRED BY §48B AND COMPUES WITH ALL 
OTHER REQUIREMENTS OF THIS SUBTITLE. 



276 



1 996- 1 997 Session Ord. 97-207 



48K. Rules and regulations. 

The Police Commissioner may adopt rules and regulations to 
implement this subtitle and shall make these rules and 
regulations available to dealers and the general public . 

48L. Penalty. 

Any person who violates a provision of this subtitle or of a 
published rule or regulation adopted under this subtitle is guilty 
of a misdemeanor and on conviction may be required to forfeit any 
item found not in compliance with this subtitle, and shall be 
subject to a fine of not less than $500 and not more than $ 1 000 or 
to imprisonment for 6 months, or to both fine and imprisonment, in 
the discretion of the court. 

Section 2. And be it further ordained. That the catchlines 
contained in this ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior ordinance. 

SEC. 2 Section 3 . And be it further ordained, That this 
ordinance shall take effect on the 30th day aft e r July L 1997, on if enacted 
after that date, on the date of its enactment. 

Approved November 11, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-207 

Council Bill 299 

An Ordinance Concerning 

Licenses — Coin Operated Amusement Devices 

FOR the purpose of modifying the license fee for coin operated amusement 
devices; an4 clarifying and correcting certain language ; and providing 
for a special effective date . 

By repealing and reordaining, with amendments 
Article 15 - Licenses 
Section(s) 91(a)(1) 



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Ord. 97-207 1 996- 1 997 Session 



Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 15 — Licenses 

Subtitle — Pinball Machines and Other Devices 

91. Licenses. 

(a) Required; fees. [Every] Any person, firm, association, or 
corporation [owning, or operating, or placing, or keeping, or permitting to 
be kept, or maintaining for use, or permitting the use of,] THAT owns, 
operates, places, or maintains or that permits another to use, 
OPERATE, OR MAINTAIN, IN BALTIMORE City, any [of the hereinafter 
described] amusement [devices] device described in this subsection for 
PURPOSES OF public entertainment or amusement[, in any place, or on any 
premises in the City of Baltimore shall] MUST obtain an annual license from 
the Director of Finance and [shall] pay [therefor the] AN annual license fee 
[hereinafter] as set forth below, before [any such] that amusement device 
is placed in use or operation [for any of the purposes hereinbefore 
mentioned]: 

(1) [$450] $175 for each [and every] coin-operated amusement 
device, except [pinball machines and such devices covered by subparagraph 
(2) hereof] THOSE DEVICES specifically covered by other paragraphs 
OF THIS SUBSECTION. For [the] THIS purpose [of this subparagraph (1)], [the 
term] "coin-operated amusement device" includes, but is not limited to, the 
following devices, if [the same are] operated or activated by coins or tokens: 
video games, electronic games, claw machines, bowling machines, 
shuffleboard machines, pool tables, poolettes, console machines, target 
machines, baseball machines, and other similar devices[; provided, 
however, that such term]. "Coin-operated AMUSEMENT device" does not 
include [bona fide] A vending [machines] MACHINE [in which] THAT DOES 
NOT INCORPORATE ANY amusement [features] feature [are not incorporated 
or made a part thereof; and provided further, however, that a]. A peep 
booth [containing] with one or more coin slots [, wherein] IN which only 
one of [said] THE coin slots operates at any one time [is operative and 
capable of], activating a motion picture or slide film [to be visually viewed], 



278 



1 996- 1 997 Session Ord. 97-208 



[shall be] IS considered a single "coin-operated amusement device" [for the 
purposes of this section]. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on th e 30th day after th e date it is enacted January 1. 1998 . 

Approved November 11,1 997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-208 
Council Bill 97-413 

An Ordinance Concerning 



Zoning — Conditional Use — Nonprofit Home and Transitional 

Housing Facility for the Care and Custody of Homeless Persons — 

3500-3502 Clifton Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance,and operation of a nonprofit home and 
transitional housing facility for the care and custody of homeless 
persons on the property known as 3500-3502 Clifton Avenue, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.7-ld-3 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That permission is granted for the establishment, maintenance, 
and operation of a nonprofit home and transitional housing facility for the 
care and custody of homeless persons on the property known as 3500-3502 
Clifton Avenue, as outlined in red on the plat accompanying this Ordinance, 
in accordance with Article 30, §§ 4.7-ld-3 and 1 1.0-6d of the Baltimore 
City Code, subject to the condition that following conditions: 



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Ord. 97-209 1 996- 1 997 Session 



1 . the maximum capacity for residents in the facility is limited to 
28 clients and 2 resident managers; 

2. a maximum of 4, 144 square feet of the facility may be used for 
support program service space; 

3. the existing garage may be used for storage or other accessory 
uses; 

4. The facility must provide 6 off-street parking spaces, of which 2 
spaces must be reserved for handicapped use; 

5. site plans and elevations are subject to Planning Department 
approval; and 

6^ the home complies must comply with all applicable federal, 
state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance; (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments -for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 11,1 997 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 97-209 
Council Bill 97-462 

An Ordinance Concerning 

280 



1 996- 1 997 Session Ord. 97-209 



Urban Renewal — Highlandtown Business Area — 
Amendment 1 

FOR the purpose of amending the Urban Renewal Plan for the 

Highlandtown Business Area to, among other things, provide additional 
plan objectives, require that new construction comply with plan 
requirements, add a land use classification to permitted land uses, 
prohibit certain uses, amend and reorganize provisions for property 
rehabilitation standards, provide for a community review board and its 
membership and powers, provide additional standards for new 
construction, amend the procedure for changing the plan, provide an 
appendix containing samples of design details, replace current exhibits 
with one exhibit to reflect changes in the plan, conform certain 
references and language in the plan; waiving certain content and 
procedural requirements; making the provisions of this Ordinance 
severable; providing for the application of this Ordinance in 
conjunction with certain other ordinances; and providing for a special 
effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for the Highlandtown Business Area was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 77-5 1 1 . 

An amendment to the Urban Renewal Plan for the Highlandtown 
Business Area is necessary to enhance the viability, attractiveness, and 
management of the Highlandtown Commercial District for the residents of 
the surrounding neighborhoods and of the City of Baltimore, and to 
establish a cooperative management structure between the City of Baltimore 
and residents and merchants to implement this Urban Renewal Plan. To 
that end, the objectives of the plan are to: 

Establish a positive and identifiable image for the Highlandtown 
Business Area; 

Promote new retail business activity in the area; 

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Ord. 97-209 1 996- 1 997 Session 



Establish minimum comprehensive design and rehabilitation standards 
that will enhance the business area through private investment; 

Bring about a general physical improvement of the area through 
coordinated public improvements; 

Achieve a balance between neighborhood business and community 
commercial uses; and 

Provide a safe and pleasant environment for consumers, merchants, and 
property owners. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Highlandtown are approved: 

(1 ) On page 5 of the Plan, in A. PROJECT DESCRIPTION , 2. PLAN 
OBJECTIVES , at the end of c. strike "and". 

(2) On page 6 of the Plan, in A. PROJECT DESCRIPTION , 2. PLAN 
OBJECTIVES ,, at the end of d., strike the period and substitute a 
semicolon, and add the following: 

e. Achieving a balance between neighborhood business and 
community commercial uses; and 

f. Providing a safe and pleasant environment for 
consumers, merchants, and property owners. 

(3) On page 6 of the Plan, in A. PROJECT DESCRIPTION , 3. TYPES 
OF PROPOSED RENEWAL ACTION , in a., after "rehabilitation", 

insert "AND NEW CONSTRUCTION". 

(4) On page 7 of the Plan, amend B. LAND USE PLAN to read as 
follows: 

1 . rPermittedl Land Uses 



282 



1 996- 1 997 Session Ord. 97-209 



Only the [uses] LAND USE CATEGORIES shown on the Land Use 
[Plan] AND ZONING Map, Exhibit No. 1 , shall be permitted within 
the project area. The use classifications are NEIGHBORHOOD 
Business District, Community Business, Community 
Commercial, Light Industrial and Medium Industrial. Accessory 
uses, including landscaping, off-street parking, and off-street 
loading will be permitted. In addition, certain existing uses will be 
permitted to continue, subject to the provisions governing non- 
conforming uses set forth below in Section [B.l.e] B.3.F. 

2. Uses not permitted 

Beginning on October L 1997 the effective date of this 
Ordinance , the following uses as defined by the Zoning 
Ordinance for the City of Baltimore are not permitted in 
any location within the boundary of the urban renewal 
Plan: 

A. ADULT ENTERTAINMENT 

B . AMUSEMENT ARCADES 

C. BAIL BOND AGENCIES 

D BLOOD BANKS OR BLOOD PURCHASE CENTERS 
E. CHECK CASHING AGENCIES 

f. Class B bookstores and similarly oriented retail 
establishments 

g. drive-in restaurants 

h. drug abuse rehabilitation and treatment centers 

i. massage parlors 

j. palmists 

k. parole and probation held offices 

l. pawn shops 

m. peep shows 

n. poultry and rabbit killing establishments 

o. rent-to-own services or sales 

p. second hand stores and rummage shops 

q. tattoo parlors 

The above uses are subject to the regulations governing 
non-compliance found in the zoning ordinance of the clty of 
Baltimore. 



283 



Ord. 97-209 1 996- 1 997 Session 

3 . Land use categories 

a. Neighborhood business district 

(1) Permitted uses 

In the areas designated as neighborhood business 
districts on the Land Use and Zoning Map, uses are 
limited to uses permitted under the b-l category of 
the Zoning Ordinance of the City of Baltimore, 
including residential uses and parking, with the 
exception of those uses listed in section b.2. 

(2) Restrictions on size of business 

Beginning October 1, 1997 on the effective date of 
this Ordinance , new business establishments are 
restricted to a maximum gross floor area of 1 ,000 
square feet each. this restriction does not apply to 
a new use with gross floor area greater than 1 ,000 
square feet if the use in effect in the same premises 
on september 30, 1997 lawfully occupied a gross 
floor area greater than 1 ,000 square feet. this 
restriction does not apply to a new use within an 
existing non-complying structure established prior 
to September 30, 1997. 

[a] B. Community Business 

In the areas designated as Community Business on the Land 
Use [Plan] and Zoning Map, uses shall be limited to those 
uses permitted under the B-2 category of the Zoning Ordinance 
of Baltimore City, including residential uses and parking, with 
THE EXCEPTION OF THOSE USES LISTED IN SECTION B.2. 

[b] C. Community Commercial 

In the areas designated as Community Commercial on the Land 
Use [Plan] and Zoning Map, uses shall be limited to those 
uses permitted under the B-3 category of the Zoning Ordinance 
of Baltimore City, including residential uses and parking, WITH 
THE EXCEPTION OF THOSE USES LISTED IN SECTION B.2. 



284 



1 996- 1 997 Session Ord. 97-209 



[c] D. Light Industrial 

In the area designated as Light Industrial on the Land Use 
[Plan] and Zoning Map, the following uses, with the 

EXCEPTION OF USES SPECIFICALLY PROHIBITED IN SECTION B.2., 
shall be permitted: 

Light manufacturing and related activities of a relatively 
nuisance-free nature, compatible with adjacent commercial 
and/or residential uses; warehousing and storage activities; the 
expansion of existing businesses in the area for additional 
building spade; and other uses permitted under the M-l 
category of the Zoning Ordinance of Baltimore City. 

[d] E. Medium Industrial 

In the areas designated as Medium Industrial on the Land Use 
[Plan] and Zoning Map, uses shall be limited to those uses 
permitted under the M-2 category of the Zoning Ordinance of 

Baltimore City AND NOT SPECIFICALLY PROHIBITED BY SECTION 
B.2. OF THIS PLAN. 

[e] F. Non-conforming Use 

A non-conforming use is any lawfully existing use of a building 
or other structure, or of land which does not conform to the 
applicable use regulations of the district in which it is located 
according to the Zoning Ordinance of Baltimore City. Non- 
conforming uses shall be permitted to continue, subject to the 
provisions of the Zoning Ordinance of Baltimore City 
governing non-conforming uses. 

g. Non-complying Use 

Non-complying uses as listed in Section B.2. are 

PERMITTED TO REMAIN AND MAY BE SOLD OR TRANSFERED TO 
THE SAME USE. 



(5) On pages 7 through 14 of the Plan, amend Sections C. through H. to 
read as follows: 



285 



ORD. 97-209 1 996- 1 997 SESSION 

C. TECHNIQUES TO BE USED TO ACHIEVE PLAN OBJECTIVES 

1. Rehabilitation Area. 

The entire project area is designated for rehabilitation. Property 
owners will be required to undertake rehabilitation of those 
structures which are capable of being brought up to the 
rehabilitation standards. 

2. Application of Property Rehabilitation Standards 

Over and above the codes and ordinances of the City of Baltimore, 
the [following additional] standards IN SECTION D. PROPERTY 
Rehabilitation Standards shall be applied to all non-residential 
and multi-family properties within the project area, whether 
occupied or vacant[:]. 

D. Property Rehabilitation Standards 

[a.] 1 . Windows 

[(1)] A. Windows [not in front of the buildings] NOT VISIBLE FROM 
THE STREET shall be kept properly repaired or, with Fire 
Department approval, may be closed, in which case sills, lintels and 
frames must be removed and the opening properly closed to match 
the material, design and finish of the adjacent wall. 

b. mechanical equipment for heating, ventilation, or air 
conditioning must not be placed in windows facing the 
street. Where equipment has been installed, it must be 
removed and windows restored to their original condition 
with like materials. 

e b. Replacement windows must be historically accurate, 

AND PROVIDE, FOR EXAMPLE, TRUE OR SIMULATED DIVIDED LITES. 

[(2)] 4 C. All windows must be tight fitting and have sashes of 
proper size and design. Sashes with rotten wood, broken joints or 
loose mullions or muntins shall be replaced. All broken and 
missing windows and glass blocks shall be replaced with glass or 
approved plastic glazing. All exposed wood shall be repaired and 
painted. 



286 



1 996- 1 997 Session Ord. 97-209 



[(3)] e D. Window openings in upper floors of the front of the 
building shall not be filled, boarded up, or covered by any flat or 
projecting signs. Windows in unused areas of the upper floors may 
be backed by a solid surface on the inside of the glass. Window 

OPENINGS MUST NOT HAVE AN UNKEMPT APPEARANCE WITH BROKEN 
BLINDS OR TATTERED CURTAINS, AND [Window] WINDOW panes 

[shall] must not be painted. Where window openings have been 

FILLED OR PARTLY FILLED, THEY MUST BE REOPENED TO MATCH 
SIMILAR OPENINGS ELSEWHERE ON THE SAME BUILDING. 

[(4)] # E. Shutters may be provided on windows above the first floor 
level on the front of buildings. SHUTTERS MUST BE PAINTED AND IN 
GOOD REPAIR OR MUST BE REMOVED OR REPLACED. They shall be 
fixed to the wall with either a metal latch or a wood device or MAY 
be held permanently "open" (fastened to the wall). 

[b.] 2. Building Fronts and Sides Abutting Streets 

[(1)] A. All defective structural and decorative elements of building 
fronts and sides abutting streets shall be repaired or replaced in a 
workmanlike manner to match as closely as possible the original 
materials and construction of that building. All damaged, sagging 
or otherwise deteriorated storefronts, show windows or entrances 
shall be repaired or replaced. 

[(2)] B. All cornices, upper story windows (and all other portions of 
a building containing wood trim) shall be made structurally sound. 
Rotten or weakened portions shall be removed and repaired, or 
replaced to match as closely as possible the original patterns. All 
exposed wood shall be painted or stained, or otherwise treated for 
protection. Wherever possible, original decoration must be 
restored to a like-new appearance. cornices and brackets 
or other original materials too badly damaged for 
restoration may be replaced with similar or synthetic 
materials recommended by the hlghlandtown merchants 
association and the department of housing and community 
Development , subject to the approval of the Community 
Review Board . 

c. Beginning October 1, 1997 on the effective date of this 
Ordinance , paint colors for all building fronts and all 
building sides visible from the street must be selected from 
a set of colors as proposed by the community review board 



287 



ORD. 97-209 1 996- 1 997 SESSION 



and kept on file by the hlghlandtown merchants 
Association and the Department of Housing and Community 
Development and approved by the community review board . 

[(3). A show window as a part of the building facade, shall be 
defined to include: 

(a) the building face and the entrance area leading to the 
door. 

(b) the door, sidelights, transoms, display platforms, 
devices including lighting and signing designed to be 
viewed from the public right-of-way and/or the areas 
visible to the public prior to entering the interior 
portion of the structure. 

Existing show windows, entrances, signs, lighting, sun 
protection, security grilles, etc. shall be compatible, 
harmonious and consistent with the original scale and 
character of the structure. All new show window elements 
must be located within thirteen feet of grade on buildings 
proposed for construction or substantial rehabilitation 
subsequent to the effective date of this ordinance. 

Enclosures and housings for security grilles and screens 
shall be as inconspicuous as possible and compatible with 
other elements of the facade.- 

All exposed portions of the grille, screen or enclosure 
which are normally painted and all portions which require 
painting to preserve, protect, or renovate the surface shall 
be painted. Non-metal grilles and screens shall be 
prohibited. 

All screens and grilles protecting entrances and show 
windows must be constructed so they can be opened or 
removed. Such screens and grilles shall be opened or 
removed during the normal business hours of that business. 

Show windows shall not be painted for advertising 
purposes, but may be painted for authorized identification 
of the place of business when authorized by the 
Department of Housing and Community Development. 



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1 996- 1 997 Session Ord. 97-209 



The postal address shall be conspicuously displayed in the 
show window area, with the height of the numbers not 
exceeding six (6) inches, and in a manner that is 
compatible with the design of the building facade. 

No temporary or permanent sign affixed or placed against 
the inside surface of a show window shall exceed 20% of 
the area of that show window. 

Decalomanias one square foot or less in area may be 
affixed to show windows or entrance door windows when 
same are supplied by credit card companies and carry no 
text or message other than the identification of such 
companies. 

The local business association logo, whether a decalomania 
or poster shall be displayed in the show window area and in 
a manner which is compatible with the show window 
design.] 

[(4)] d. Beginning on October 1 , 1 997 the effective date of 
this Ordinance , [Solid] solid or permanently enclosed or covered 
storefronts shall not be permitted [, unless treated as an integral part 
of the building facade using wall materials and window detailing 
compatible with the upper floors]. 

(5) Transferred to follow new 4. 

[(6)] E. Adjoining buildings used by the same occupant shall be 
rehabilitated in a unified and harmonious manner. Each building 
shall be rehabilitated and repaired with materials and in a manner 
consistent with the original construction techniques where feasible. 

[(7)] F. All exterior front or side walls which have not been wholly 
or partially resurfaced or built over shall be repaired and cleaned or 
painted in an acceptable manner. Brick walls shall be pointed 
where necessary. Painted masonry walls shall have loose material 
removed and be painted a single color except for trim which may be 
another color. Patched walls shall match the existing adjacent 
surfaces as to materials, color, bond and joining. 

[(8)] G. Applied facing materials shall be treated as follows: all 
facing materials (original and not original) shall be cleaned, 



289 



Ord. 97-209 1 996- 1 997 Session 



repaired and painted where necessary; formstone shall be repaired 
where necessary and cleaned; corrugated metal shall be painted 
with a duranodic paint or other color compatible with the building 
facade; and corrugated metal, formstone, aluminum and vinyl 

Siding, METAL PANELS, PLYWOOD, AND GLASS BLOCK [etc.] shall not 
be permitted in the future. 

[(9)] H. Dormer windows on roofs sloping toward the shopping 
street shall be treated in accordance with the same criteria as 
building fronts. 

[(10)] I. Existing miscellaneous elements on the building fronts, 
such as empty electrical or other conduits, unused sign brackets, 
etc., shall be eliminated. 

[(H)] J. Sheet metal gutters and downspouts shall be repaired or 
replaced as necessary and shall be neatly located and securely 
installed. Gutters and downspouts shall be painted to [harmonize 
with] match the other building front colors. 

k. The area around a building front must be kept clean and 
free of trash. vacant buildings must be maintained and 
attended to regularly to prevent the accumulation of 
trash, posters, or graffiti. 

3. Show windows 

a. a show window as a part of the building facade, as 
illustrated in figure a. is defined to include: 

(1 ) the glazed entrance area leading to the door; 

AND 

(2) the glazed door, sidelights, and transoms 
designed to be viewed from the public right-of- 
way, and/or the areas visible to the public prior to 
entering the interior portion of the structure. 

b. Show windows must not be painted for advertising 
purposes, but may be painted for authorized identification 
of the place of business when authorized by the community 
Review Board. 



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1 996- 1 997 Session Ord. 97-209 



G b. The postal address must be conspicuously displayed in 

THE SHOW WINDOW AREA, WITH THE HEIGHT OF THE NUMBERS NOT 
EXCEEDING SIX (6) INCHES, AND APPLIED IN ONE OF THE FOLLOWING 
LOCATIONS: 

( 1 ) CENTERED IN THE TRANSOM OVER THE ENTRANCE, OR 

(2) CENTERED OVER THE ENTRANCE. 

D c. Temporary or permanent signs affixed or placed 
against the inside or outside surface of a show window must 
not obstruct the ability to see into or out of the business 
through the show window. temporary signs must not exceed 
20% of the area of the show window. the measurement of a 
show window for the calculation of permitted temporary 
or permanent signs is illustrated in figure a. 

Ed. Decalomanias The total area covered by decalcomanias 
shall not exceed one square foot or less in area and may be 
affixed to show windows or entrance door windows if they 
are supplied by a credit card company and carry no text or 
message other than the identification of the company . 

F e. The local business association logo, whether a 
decalcomania or poster, may be displayed in the show 
window area and in a manner that is compatible with the 
show window design. 

4. Security grilles 

a. Exterior rolldown and scissor-style security grilles are 
undesirable and are discouraged within the boundaries of 
the Urban Renewal District. If interior grilles are 
impractical, exterior pull-down grilles with open grille- 
work are permitted , subject to the approval of the 
community review board . 

b. Screens and grilles must be compatible, harmonious and 
consistent with the original scale and character of the 
structure and must be located within thirteen feet of 

GRADE. 



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Ord. 97-209 1 996- 1 997 SESSION 



c. Enclosures and housings for security grilles and screens 

AND THE HARDWARE USED TO INSTALL THE GRILLES MUST BE AS 
INCONSPICUOUS AS POSSIBLE AND COMPATIBLE WITH OTHER 
ELEMENTS OF THE FACADE. 

D. All exposed portions of the grille, screen or ENCLOSURE 

THAT ARE NORMALLY PAINTED, AND ALL PORTIONS THAT REQUIRE 
PAINTING TO PRESERVE, PROTECT, OR RENOVATE THE SURFACE MUST 
BE PAINTED IN A NEUTRAL COLOR. NON-METAL GRILLES AND 
SCREENS ARE PROHIBITED. 

[2.b(5)] 5. Awnings 

[(a)] A. Soft, retractable awnings and fixed permanent 
AWNINGS are permitted over the first floor, and on upper floors 
over windows only. The design of the awning must be 
compatible with the character of the building. 

b. Suspended light structures or drop ceilings housed 
within fixed or permanent awnings are not permitted. 
Awnings may be lit from below with wall-mounted 

LIGHTS. 

[(b)] C. [They] Awnings must be flameproofed. 

[(c)] D. [They] Awnings shall not project more than seven (7) 
feet from the building front. FIXED AWNINGS MUST BE KEPT A 
MINIMUM OF TWELVE (12) INCHES FROM THE EDGE OF THE 
BUILDING, and shall otherwise conform with the provisions of 
City Ordinances. 

[(d)] E. [They] AWNINGS shall terminate against the building at 
a height not to exceed thirteen (13) feet above the pavement, or 
one inch below the second floor window sill, whichever is 
lower. 

f. Awnings with permanent or inlaid lettering are 
considered signs. the area of the awning with permanent or 
inlaid lettering must be no more than ten (10) square feet. 
primary lettering must not exceed six (6) inches in height. 
Illustrations or graphics other than lettering must not 
exceed twenty (20) percent of the total sign area, or two 
(2) square feet, whichever is more. 



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1 996- 1 997 Session Ord. 97-209 



g. Awnings existing as of the date of enactment of this 
Ordinance will be allowed to remain. Any new or 
replacement awning is required to comply with these 
standards. 

[e. Rigid or fixed awnings, sun screens, or permanent canopies 
are not permitted on any portion of the building front. Existing 
rigid or fixed awnings, sun screens and canopies shall be 
removed within three (3) years from the effective date of this 
plan.] 

[a] 6. Rear and Side Walls 

[(1)] Rear AND SIDE walls WHERE VISIBLE FROM THE STREET shall be 
repaired and painted where necessary to present a neat and fresh 
appearance. Paint colors must match those used on the 
building front , as reviewed and approved by the community 
review board, based on a palette of colors proposed by the 
Community Review Board and kept on file by the 
highlandtown merchants association and the department 

OF HOUSING AND COMMUNITY DEVELOPMENT. Rear walls shall be 
painted to cover evenly all miscellaneous patched and filled areas 
or be stuccoed to present an even and uniform surface. 

[(2). Side walls, where visible from any of the streets, shall be 
finished or painted so as to harmonize with the front of the 
building.] 

[d.] 7. Roofs 

[(1)] A. Chimneys, elevator penthouses or any other auxiliary 
structures on the roofs shall be repaired and cleaned as required for 
rear and side walls. Any construction visible from the street or 
from other buildings shall be finished so as to be harmonious with 
other visible building walls. 

[(2)] B. Any new mechanical equipment placed on a roof shall be so 
located as to be hidden from view from the shopping streets, and to 
be as inconspicuous as possible from other viewpoints. New 
equipment shall be screened with suitable elements of a permanent 
nature, finished so as to harmonize with the rest of the building. 
Where such screening is unfeasible, equipment shall be installed in 



293 



Ord. 97-209 1 996- 1 997 Session 



a neat presentable manner, and shall be painted in such a manner as 
to minimize its visibility. 

[(3)] C. Television and radio antennae shall be located so as to be 
as inconspicuous as possible. 

[(4)] D. Roofs shall be kept free of trash, debris, or any other 
element which is not a permanent part of the building or a 
functioning element of its mechanical or electrical system. 

e. Cellular phone towers and panels, satellite dishes, and 
similar communications equipment must be located so as to 
be hidden, as much as possible, from the street and/or 
designed to be as inobtrusive as possible . 

[e.] 8. Auxiliary Structures 

Structures at the rear of buildings attached or unattached to the 
principal commercial structure which are structurally deficient, shall be 
properly repaired or demolished. 

[f.] 9. Rear Yards 

Where a rear yard exists or is created through the demolition of 
structures, the owner shall condition the open area in one of two ways 
as outlined below. 

[(1)] A. Enclosure of Yards 

A rear yard may be enclosed along side and rear property lines by a 
masonry wall, consistent and harmonious in design with the rear 
walls of the building. Solid doors or solid gates may be used to the 
extent necessary for access and delivery. Such walls must be not 
less than five feet nor more than five feet six inches in height. Use 
of barbed wire or broken glass on top of walls shall not be 
permitted. 

[(2)] B. Provision of Parking Area 

An unenclosed rear yard may be used as a parking or loading area 
providing that it is properly paved, illuminated and maintained. A 
sign not exceeding six (6) square feet may be used to identify and 
control parking and loading. The building occupant shall be 



294 



1 996- 1 997 Session Ord. 97-209 



responsible for maintenance of the parking area in a neat and clean 
manner. No storage of trash containers shall be allowed in this area 
except when housed in permanent structures of acceptable design, 
or screened from view by a wall, fence, planting, etc. 

[gj 10. Signs 

[( 1 )] a. No signs oth e r than flat Flat signs- must be composed of 

BACKLIT RAISED, PIN-SET, INDIVIDUAL LETTERS, GRAND BLADE SIGNS 
ARE SUBJECT TO THE PROVISIONS IN SECTION D. 1 0.L. ,WILLBE 
PERMITTED. SIGNS MUST [identifying] IDENTIFY the property where 
they are installed or [identifying] IDENTIFY the use conducted 
ther e in [shall b e p e rmitted]. INTERNALLY ILLUMINATED SIGNS ARE 
NOT PERMITTED. PAINTED SIGNS ON BUILDING SURFACES, OR THE 
USE OF SEPARATE CUTOUT LETTERS, MUST BE REVIEWED AND 
APPROVED BY THE COMMUNITY REVIEW BOARD IN TERMS OF 
COMPATIBILITY COMPATIBLE WITH THE HISTORIC AND 
ARCHITECTURAL CHARACTER OF THE PROPERTY AND RELATIONSHIP 
TO OTHER PROPERTIES IN THE URBAN RENEWAL DISTRICT. 

B. Adv e rtising by material or product manufacturers shall not be 
p e rmitted except as primary identification of an establishment. All 
lighting and electrical elements such as wires, conduits, junction 
boxes, transformers, ballasts, switches and panel boxes shall be 
concealed from view as much as possible. 

[(2)] C. New flat Flat signs shall beplaced parallel to the building 
face and shall not project more than 12" from the surface of the 
building. THE FLAT SIGN MUST NOT BE LARGER THAN 30" IN HEIGHT 
and 12 FEET IN LENGTH. In the case of corner properties, each 
facade is to be calculated separately as to size allowed for each. 
Primary lettering must not exceed twelve 12" in height and 
secondary lettering must not exceed 5" in height. any 
subordinate graphic must not exceed 1 0% of the total sign 
area. Examples are in figure B. 

D. SIGNS MAY BE LIT WITH TRADITIONAL GOOSE NECK FIXTURES, 
RECESSED LIGHTING IN STOREFRONT ALCOVES, AND WITHIN 
PROJECTING STOREFRONTS OR CORNICES. EXAMPLES ARE SHOWN IN 
FIGURE C. 

E. Flat signs shall [be placed] TERMINATE no higher than the bottom 
of the second story window where windows exist, or 1 3 feet above 



295 



ORD. 97-209 1 996- 1 997 SESSION 



grade level, whichever is lower. ARCHITECTURAL OR HISTORICAL 
ELEMENTS OF A BUILDING FRONT MAY NOT BE REMOVED TO 
ACCOMMODATE THE PLACEMENT OF SIGNS, NOR MAY ANY FLAT SIGN 
COVER OR OBSTRUCT UPPER FLOOR WINDOWS. 

F. Lettering applied to ground floor show windows or entrance 
doors MUST BE LIMITED TO AN AREA NOT LARGER THAN 6 SQUARE 
FEET, AND shall not exceed two and one-half (2 1/2) inches in 
height, and the text limited to identification of the business. [Signs 
identifying the occupant shall be permitted at rear entrance doors 
but shall not exceed six square feet in size, except where authorized 
by the Department of Housing and Community Development.] 

[(3)] G. Marquees or projecting signs shall not be placed on any 
portion of any building other than existing, operating theaters. Any 
MARQUEE ON PROPERTY NO LONGER FUNCTIONING AS A THEATER 
MAY BE RETAINED, AS LONG AS THE MARQUEE CONTINUES TO RELATE 
TO THE ORIGINAL THEATER FACADE. UNLESS THE PROPERTY IS USED 
FOR A THEATER, THE MARQUEE MAY DISPLAY ONLY THE NAME OF 
THE BUSINESS AND MAY NOT BE USED AS A TEMPORARY SIGN. 
[Existing flat signs which extend above, or in any way cover the 
windows located on the upper floors of the building facade shall be 
removed.] 

[(4) Painted signs on building surfaces or use of separate cutout 
letters shall be permitted in accordance with the above limits for 
flat signs.] 

[(5)] H. Non-illuminated secondary signs shall be permitted for the 
identification of commercial tenants occupying the upper floors of a 
building. Such signs shall not exceed two (2) square feet in area 
and shall not project more than one inch beyond the surface of the 
building, nor shall they be placed higher than [thirteen (13)1 & 10 
feet above grade level IN A LOCATION THAT RELATES TO the 
ENTRANCE OF THE SECOND FLOOR TENANT. 

[(6)] I. Roof top signs, or signs above the parapet of a building, 
except as otherwise herein provided, shall not be permitted. 

[(7)] J. Permanently painted or inlaid signs on cloth awnings are 
permitted, SUBJECT TO SECTION D.5.F. [if designed as an integral 
part of the building front, however, temporary signs shall not be 
permitted.] 



296 



1 996- 1 997 Session Ord. 97-209 



[(8)] K. Flashing or moving signs other than barber poles shall not 
be permitted. Operating clocks and thermometers mounted flat 
against the building surface and compatible with the overall facade 
design may be permitted when authorized by fthe Department of 
Housing and Community Development! AND REVIEWED BY THE 
Community Review Board. 

l. Innovative blade signs are encouraged. However, before 
installation, they must be reviewed and approved by the 
Community Review Board. Wall-mounted blade signs 
oriented to pedestrian traffic must not exceed 4 8 square 
feet in area and must be mounted on a bracket specifically 
manufactured for that purpose. primary lettering must 
not exceed 3- 6" vertically and secondary lettering must 
not exceed 2- 4" vertically. graphics areas on blade signs 
must not exceed 50% of the total sign area. examples are 
provided in figure d. 

m. before neon signs are installed, they must be reviewed 
and approved by the community review board. minimum 
requirements are that neon signs must complement the 
general design of the storefront, be displayed behind the 
storefront glass window, and be properly scaled so that 
visibility into the store is maintained. 

n. Temporary or permanent signs affixed or placed against 
the inside or outside surface of a'show window must not 
obstruct the ability to see into or out of the business 
through the show window. temporary or permanent signs 

MUST NOT EXCEED 20% OF THE AREA OF THE SHOW WINDOW. 

o. Illuminated signs existing as of the date of enactment of 
this Ordinance will be allowed to remain until the sign or the 
face of the sign is replaced. any new or replacement 
illuminated sign is required to comply with these standards. 

[(9)] © P. All signs not conforming to the above regulations shall be 
removed within two years from the date of enactment of this 
ordinance. Future minor privilege permits for signs shall be issued 
only for those signs meeting project design criteria. 

[(10)]-P Q_. No private signs shall be permitted except as herein 
provided or as otherwise authorized by the Department of Housing 



297 



Ord. 97-209 1 996- 1 997 Session 



and Community Development for temporary purposes not 
exceeding thirty days. 

o. Illuminated signs existing as of the date of enactment of 
this Ordinance will be allowed to remain until the sign or 
the face of the sign is replaced. any new or replacement 
sign is required to comply with these standards. 

11. murals and other artwork 

a. murals, sculpture, and monuments on private or public 
property are permitted , subject to the approval of the 
Community Review Board . 

b. Holiday decorations erected by a merchants' association 
or other group are permitted , subject to the approval of 
the community review board. holiday decorations affixed 
to a place of business by the property owner or merchant 
do not require approval by the community review board . 

12. Off-street Parking Requirements 

beginning on october 1, 1997 the effective date of this 
Ordinance , religious institutions, such as churches, 
temples, and synagogues, must comply with the following 
off-street parking requirements. 

ONE OFF-STREET PARKING SPACE FOR EACH & 4 SEATS. 

g his requirement will be calculated as if it where a n ew 
use without any credit from any previous zoning permits or 
zoning variance s 

This provision off-street parking formula does not 
affect existing religious institutions, or any successor 
religious institution at the same location. 

13. Drive-in or Pick-up Services 

Drive-in or pick-up service windows must be reviewed by the 
Community Review Board, which shall recommend approval 
shall be approved only on a limited basis. the design of these 
uses must be such that entrances and exits do not impede the 



298 



1 996- 1 997 Session Ord. 97-209 



flow of pedestrian traffic or compromise pedestrian safety. no 
drive-in or pick-up entrances or exits shall be placed on 
Eastern Avenue or Conkling Street. 

1 4. Awnings and Illuminated Signs 

Awnings and illuminated signs existing as of the date of 
enactment of this ordinance will be allowed to remain. 
Any new or replacement awning or illuminated sign is 
required to comply with these standards. 

[h.] 4-3- 15. Period of Compliance 

a. Vacant buildings 

Buildings that are vacant on October 1, 1997 the effective 
date of this ordinance must meet the requirements of this 
Urban Renewal Plan by October 1 , 1 998. 

b. Occupied buildings 

[To the extent that rehabilitation requirements for commercial uses 
are specifically applicable to the Highlandtown Business Area and 
are not generally required elsewhere,] 

(1) The work necessary to meet [such] THE requirements OF 
this Urban Renewal Plan shah 1 be completed within two (2) 
years from the effective date of this plan, unless specifically 
outlined elsewhere in this plan. No work, alterations or 
improvements shall be undertaken after enactment of this plan 
which do not conform with the requirements herein. 

(2) Owners of occupied buildings may apply to the 
Community Review Board Department of Housing and 
Community Development for a 1 year extension to the 
compliance period. to receive an extension, the owner 
must submit to the community review board a plan 
detailing how violations of the rehabilitation 
standards will be corrected. an application for an 
extension must be presented and approved made at least 
60 days before the 2 year compliance period expires. -44ffi 
C ommunity Review Board will make a recommendat ion 



299 



Ord. 97-209 1 996- 1 997 Session 



to the Department of Housing and Community 
Development within 30 days of the date of application. 
An application for an extension must be reviewed by the 
Community Review Board before it can be considered by 
the Commissioner of Housing and Community 
Developme nt-^ 

C. Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use or any other matter 
otherwise forbidden or restricted or controlled by any other public 
law. 

[3] E. REVIEW OF REHABILITATION PLANS 

1 . There is a Community Review Board, created to expedite the 
review and approval of rehabilitation and to provide local 
technical assistance to property owners and merchants. the 
Community Review Board shall adopt by-laws within 6 months 
of its establishment. the community review board is composed 
of 8 members, designated as follows: 

a. hlghlandtown merchants association (3 persons) 

b. Executive Director of Southeast Development, Inc. (SDI) 

AND ONE OTHER MEMBER OF SDI; 

c. Community association representative (2 persons); and 

d. Department of Housing and Community Development (1 
person, non- voting). 

e. Initial community association members shall be 
nominated to and selected by the Board of Southeast 
Community Organization (SECO). Thereafter, the 
community association members shall be designated as 
defined in the by-laws of the Community Review Board . 

Each member serves for a term of 2 years. 

[a] 2. fit shall be the responsibility of the Department of Housing and 
Community Development to} A two TIERED system OF review, with 
joint responsibility between the department of housing and 
Community Development and the Community Review Board, 



300 



1 996- 1 997 Session Ord. 97-209 



will supervise that part of this Urban Renewal Plan dealing with 
design, code enforcement and inspection , CONSIDERING IN ITS DECISION- 
making the recommendations of the community review board. the 
property owner must obtain all other applicable permits and 
approvals in addition to those required by this plan. 

3. The role of the Community Review Board is as follows: 

a. one or more members of the board will meet with each 
applicant to review the provisions of this urban renewal 
plan prior to the applicant seeking approval from the 
Board or the Department of Housing and Community 
development. 

b. The Board will have approval powers over the 
rehabilitation standards applicable to paint color, signs, 
murals and artwork, and awnings. 

c. The Board will provide written recommendations to the 
Department of Housing and Community Development on 
plans for storefront rehabilitation, new construction, 
additions and alterations to existing buildings and 
storefronts, as distinguished from the improvements listed 
above in Section E.3.b. The Board will meet as often as -is 
required in order to provide review and approval services 
within 30 days of the initial request. 

d. The Board will review applications for extensions to the 
compliance period for owners of occupied buildngs. 

e. The Board will assist the Department of Housing and 
Community Development in the identification and 
correction of violations of this Urban Renewal Plan. 

f. The Board will publish an annual report of its activities 
for the previous year and may make recommendations for 
improving the implementation of this Urban Renewal Plan. 

a. One or more members of the Board or its designee will 
meet with each- applicant applicants, if requested, to review 
the provisions of the urban renewal plan prior to the 
applicant seeking approval from the department of housing 
and Community Development. 



301 



Ord. 97-209 1 996- 1 997 Session 



b. The Community Review Board or its designee will provide 
written recommendations to the department of housing 
and Community Development on all permit applications 
within the renewal area which propose: 

New construction, additions, and alterations 

Exterior renovation and repairs 

Changes to Zoning Districts or amendments to 

this plan 
Demolition of any structure 
Replacement materials for architectural 

DETAILS 

Paint colors other than those recommended by 

HCD 
Security grills 
Signs 
Awnings 

Murals, sculpture, and monuments 
Drive-in or pick-up services 

The Board shall meet as often as required in order to 
provide review services within 1 5 working days from the 
date of receipt. 

c. The Board or its designee, if requested, will review 

APPLICATIONS FOR EXTENSIONS TO THE COMPLIANCE PERIOD FOR 
OWNERS OF OCCUPIED BUILDINGS AND ALL WAIVER REQUESTS. 

p. The Board or its designee will assist the Department of 
Housing and Community Development in the identification 
and correction of violations of this urban renewal plan. 

e. The Board or its designee will publish an annual report 
of its activities for the previous year and make 
recommendations for improving the implementation of this 
Urban Renewal Plan. 

[b.]4. The role of the Commissioner of Housing and Community 
Development {Designs for all improvements, modifications, repair, 
rehabilitation or painting concerning the exterior of the existing 
buildings, their yards or their show windows, and for all signs, 
DEMOLITION, and new construction, shall be submitted to the 
Commissioner of the Department of Housing and Community 



302 



1 996- 1 997 Session Ord. 97-209 



Development and written approval by the Department shall be required 
before proceeding with the work. It shall be the responsibility of the 
property owner or an authorized agent to secure all necessary permits in 
order to undertake the proposed work.} The Commissioner of the 
Department of Housing and Community Development must 
review all plans for repairs, rehabilitation, new construction, 
and additions to existing buildings and storefronts, as 
distinguished from the improvements listed in section e.3.b. the 
Commissioner of the Department of Housing and Community 
Development retains final a uthority to appro ve or pi sap pro ve all 
plans and to grantor withhold development priorities, disposing 
of redevelopment land through procedures estabushed by the 
Department of Housing and Community Development. 

[c] Th e Commissioner of th e D e partm e nt of Housing and 
Community Dev e lopm e nt [shall b e concern e d with all aspects of 
the d e signs affecting the ext e rior appearance of properti e s, and in 
particular with the following:] MUST: 

a. notify the community review board prior to the issuance 
of permits required by clty law. the community review 
board will review applicable requests. 

b. accept the decisions of the community review board in 
issuing permits concerned with paint colors, signs, murals 
and artwork, and awnings. 

c. prior to the issuance of permits, accept writ ten- 
recommendations from the community review board on 
repairs, rehabilitation, new construction, or additions as 
distinguished from the improvements listed in section e.3.b. 

d. as related to repairs, rehabilitation, new construction, 
or additions, consider and review the following: 

a. The Commissioner must notify the Community Review 
Board prior to the issuance of permits required by City law. 
The Community Review Board will review applicable 
reque st 

b. Permits for painting, signs, murals and artwork, and 
awnings must be reviewed by the Community Review Board 
before being considered by the Commissioner. All other 



303 



Ord. 97-209 1 996- 1 997 Session 



permit approvals by the commissioner shall be subject to 
the written recommendations of the community review 
Board. 

a. Upon receipt of permit and extension appucations, the 
Commissioner must notify the Community Review Board and 
allow the community review board 15 working days to review 
such appucations. if written comments ha ve not been received 
by the Commissioner after the 15 -da y review period has 
elapsed, it will be presumed that the proposals or plans are 
acceptable. 

c b. in reviewing all permit requests, the commissioner 
must consider the goals of this urban renewal plan. the 
rehabilitation standards and the recommendations of the 
Community Review Board, and the following: 

(1) all exterior materials and [Colors] colors to be used 
on buildings and signs[.]; 

(2) [Design] THE DESIGN of show windows and entrance area, 
including choice of materials and types of security devices [.]; 

(3) [Design of signs] THE DESIGN, methods of illumination, 
colors, materials, PLACEMENT, and methods of suspension OF 
signs[.]; 

(4) [Conditioning] THE condition of rear yard spaces and 
location of delivery signs. 

[(5) All exterior materials and colors.] 

[(6)] (5) [Design] THE DESIGN of awnings, shutters, and upper 
floor windows [.]; AND 

[(7)] (6) [Compatibility] the COMPATIBILITY of new 
construction, as to scale, color, materials, and signing, AND 
OTHER REQUIREMENTS SPECIFIED IN SECTION H. 

e p_c. If the Community Review Board fails to carry out its 

DUTIES, THE COMMISSIONER MAY TAKE OVER ITS DUTIES FOLLOWING 
30 DAYS' NOTICE TO THE COMMUNITY REVIEW BOARD, THE 



304 



1 996- 1 997 Session Ord. 97-209 



hlghlandtown merchants association, and southeast 
Community Organization. 

5. Waiver 

Application may be made to the Community Review Board 
Department of Housing and Community Development for a waiver 
to the rehabilitation standards in this urban renewal plan. 

A. The applicant must DESCRIBE IN detail the reasons for the 

WAIVER REQUEST AND THE TYPE OF REHABILITATION THAT WILL BE 
COMPLETED AS AN ALTERNATIVE TO THE REHABILITATION 
STANDARDS IN THIS URBAN RENEWAL PLAN. 

B. Any waiver must NOT ADVERSELY affect the goals of this 
hlghlandtown urban renewal plan. 

g^a- n application for a waiver must be reviewed by the 
Com munity Review Board before it can be considered by the 
Com missioner of Housing and Community Development. 

c. Upon receipt of waiver appucations, the Commissioner must 
notify the community review board and allow the community 
Review Board 15 working days to review waiver appucations. 

[4] F. CONDITIONS UNDER WHICH PROPERTY WILL BE 
ACQUIRED FOR REHABILITATION BY THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT 

It may be necessary to acquire by purchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any lesser interest in 
and to properties in the project area not specifically designated for 
acquisition, as may be deemed necessary and proper by the 
Commissioner of the Department of Housing and Community 
Development to effect the proper implementation of the project. [This] 
These properties may include: 

[a] 1 . Non-salvables 

Any property in areas designated for rehabilitation containing a 
non-salvable structure, i.e. a structure which, in the opinion of the 
Commissioners of the Department of Housing and Community 
development, cannot be economically rehabilitated. 



305 



Ord. 97-209 1 996- 1 997 Session 



[b] 2. [Non-Compliance] PROPERTIES NOT IN COMPLIANCE with Property 
Rehabilitation Standards 

Any property in the project area may be acquired by the Mayor and 
City Council of Baltimore if 12 months have elapsed since receipt by 
the owner of such property of the final notice from the Health 
Department of Baltimore City, Fire Department of Baltimore City, and 
the Department of Housing and Community Development requiring 
with respect to such property, compliance with the provisions of any 
ordinance or regulation of the City of Baltimore or with the standards 
set forth above in Section [C.2] D., Property Rehabilitation Standards, 
conservation, and the requirements set forth in said notice have not 
been met. 

[5] G. ACTIONS TO BE FOLLOWED BY THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT UPON 
ACQUISITION OF PROPERTIES FOR REHABILITATION. 

[a] 1 . Rehabilitate the property in conformance with the codes and 
ordinances of Baltimore City and the rehabilitation standards and 
objectives set forth in this plan and dispose of property in accordance 
with applicable regulations. If sale cannot be consummated by the time 
rehabilitation is accomplished, units shall be rented pending continuing 
sale efforts; or, 

[b] 2. Sell or lease the property subject to rehabilitation in conformance 
with codes and ordinances of Baltimore City[,] and the rehabilitation 
standards and objectives set forth in this plan; or, 

[c] 3. Demolish the structure or structures thereon and dispose of land 
for redevelopment for uses consistent with this plan. 

[D] H. NEW CONSTRUCTION WITHIN THE PROJECT AREA 

1 . Any plans for new construction (exterior rehabilitation and changes 
in use) on any property within the project area shall be submitted to the 
Community Review Board for review. The Community Review 
Board must submit to the Department of Housing and 
Community Development a written recommendation, which 
must BE considered BY the Department of Housing and Community 
Development {for} AS PART OF ITS review. Upon finding that the 
proposed plans are consistent with the objectives of the Urban Renewal 
Plan and with the standards set forth in Section [C.2] D AND IN THIS 



306 



1 996- 1 997 Session Ord. 97-209 



SECTION, AND AFTER REVIEWING THE RECOMMENDATIONS OF THE 

Community Review Board, the Commissioner of the Department of 
Housing and Community Development shall authorize the processing of 
the plans for issuance of a building permit. The provisions of this 
section are in addition to, and not in lieu of, all other applicable laws 
and ordinances relating to new construction. 

A. In order to maintain the walkable, urban quality of the 
district, new buildings must be constructed at the front 
property line along the entire length of eastern avenue, 
Highland Avenue and Conkling Street. Establishments with 
pick-up services must not interrupt the streetscape of 
Eastern Avenue or Conkling Streets by introducing new 
curb cuts in midblock. these standards are intended to 
preserve the integrity of the street and to prevent 
development that would be in conflict with the goals of 
this Urban Renewal Plan. 

b. New buildings must be designed with a facade that is 
consistent with the storefront designs in the district. The 
building front must include glass fronted show windows on 
the first level, a main entrance, and, when appropriate, 
upper story windows. side walls visible from public streets 
must have windows and other detailing. 

c. Exterior building materials are limited to brick, 

MASONRY, OR STUCCO AND APPROPRIATE TRIM MATERIALS. 

2. Parking lots shall be paved with a hard, dust-free surface and shall be 
properly illuminated. Parking lots, except those in rear yards 
[(paragraph C.2.f.(2)] Section D.9.B must be screened from all 
adjacent streets by A dense planting STRIP ON THE OUTSIDE OF A [or] 
masonry screening [walls] wall , or a high-quality ornamental 
metal fence, at least forty-eight (48) inches high, BUT NOT MORE than 
60" HIGH. Signs identifying points of ingress and egress shall not be 
more than 6 square feet, and shall carry no message other than 
identification of the lot. 

3. All applications for demolition permits shall be submitted to the 
Department of Housing and Community Development for review and 
approval. Upon finding that the proposed demolition is consistent with 
the objectives of the urban renewal plan, the Commissioner of the 
Department of Housing and Community Development shall authorize 



307 



ORD. 97-209 1 996- 1 997 SESSION 



the issuance of the necessary permit. If the Commissioner finds that the 
proposal is inconsistent with the urban renewal plan and therefore 
denies the issuance of the permit, he shall, within 90 days of such 
denial, seek approval of the Board of Estimates to acquire for and on 
behalf of the Mayor and City Council of Baltimore, the property in 
whole or in part on which said demolition was to have occurred by 
purchase, lease, condemnation, gift, or other legal means for the 
renovation, rehabilitation, and disposition thereof. In the event that the 
Board of Estimates does not authorize the acquisition, the 
Commissioner shall, without delay, issue the demolition permit. 

[E] L OTHER PROVISIONS NECESSARY TO MEET 
REQUIREMENTS OF STATE AND LOCAL LAWS 

1. Zoning 

All appropriate provisions of the Zoning Ordinance of Baltimore City 
shall apply to properties within the project area. No zoning district 
changes are proposed by this plan. Existing Zoning Districts are 
indicated on Exhibit No. [4] 1 , Land Use and Zoning [Districts] Map. 

2. Reasons for the Various Provisions of this Plan 

a. Existing land uses within the project area are predominantly 
commercial 

b. Structures proposed for rehabilitation are basically sound and 
appropriate for commercial use. 

c. Plan objectives can be best achieved by rehabilitation for 
commercial use. 

[F. DURATION OF PROVISIONS AND REQUIREMENTS 

The provisions and requirements of this plan shall be in effect for a 
period of not less than twenty (20) years following the date of the 
approval of this plan by the Mayor and City Council of Baltimore.] 

[GJ J. PROCEDURES FOR CHANGES IN APPROVED PLAN 

1 . The Urban Renewal Plan may be amended from time to time upon 
compliance with the requirements of law, provided that prior to passage 
of any ordinance amending the Plan, a public hearing shall be held. 



308 



1 996- 1 997 Session Ord. 97-209 



2. The Department of Housing and Community Development shall 
submit to the [Highlandtown Businessmen's Association - 
Highlandtown Revitalization Corporation] Community Review 
Board, or its [successors] SUCCESSOR, for its review and comments, all 
proposed amendments to the Urban Renewal Plan no later than [the 
time the proposed amendments are submitted to the City Planning 
Commission by] four weeks prior to introduction by the 
Department of Housing and Community Development. Response 
should be made no later than three (3) weeks after they have been 
submitted to the [Highlandtown Businessmen's Association - 
Highlandtown Revitalization Corporation, or their successors] 
Community Review Board or its successor; otherwise it is 
presumed that the proposed changes are satisfactory. Prior to the 
passage of any ordinance amending the Urban Renewal Plan, a public 
hearing shall be held and the [Highlandtown Businessmen's Association 
- Highlandtown Revitalization Corporation, or their successors] 
Community Review Board, or its successor, shall receive at least 
ten (10) days prior to such hearing, written notice of the time and place 
of such hearing. 

3. The Community Review Board may propose amendments to 
this Ordinance. It is recommended that a review of the Urban 
Renewal Plan take place no less than every three years. Any 
proposed amendment must be presented at a public meeting. 

[H] K. SEPARABILITY 

In the event it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section, or part in or of this plan or the application 
thereof to any person or circumstances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby it being hereby declared that 
the remaining provisions of the plan without the work, phrase, clause, 
sentence, paragraph, section or part, or the application thereof, so held 
invalid, would have been adopted and approved. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Highlandtown, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Highlandtown, revised to include Amendment 1, 
dated May 5, 1997", is approved. The Clerk of the City Council shall file a 
copy of the amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record, available for public 
inspection and information. 



309 



Ord. 97-209 1 996- 1 997 Session 



Section 3. And be it further ordained, That the Appendix, 
containing Figure A, "Three Types of Show Windows", Figure B, 
"Examples of Applied Panel Signage", Figure C, "Sample Light Fixtures", 
and Figure D, "Sample Blade Signage", is approved. 

Section 4. And be it further ordained, That Exhibit 1 , "Land Use 
and Zoning Map", dated April 7, 1997, which replaces Exhibits 1 and 2, 
dated June 6, 1977, is approved. 

Section 5. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 6. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 7. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 6 8. And be it further ordained, That this Ordinance 
takes effect on Octob e r 1, 1997, or, if enacted after that dat e , on the date it 
is enacted. 

Approved November 11, 1997 

KurtL. Schmoke, Mayor 



310 



1 996- 1 997 Session Ord. 97-2 1 



City of Baltimore 
Ordinance 97-210 
Council Bill 97-496 

An Ordinance Concerning 

Franchise - Jose Marti Monument 

FOR the purpose of granting a franchise to the Cuban American Foundation 
to construct, use, and maintain a monument to Jose Marti in the median 
of Broadway on the north side of the intersection with Fayette Street, 
subject to certain terms, conditions, and reservations; and providing for 
a special effective date. 

By authority of 

Article VTQ - Franchises 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a franchise or right is granted to the Cuban American 
Foundation, its tenants, successors, and assigns (collectively, the "Grantee") 
to construct, use, and maintain, at Grantee's own cost and expense, and 
subject to the terms and conditions of this Ordinance, a monument to Jose 
Marti in the median of Broadway on the north side of the intersection with 
Fayette Street. This franchise is subject to the following conditions: 

1 . Final placement of the monument is subject to the approval of 
the Department of Public Works. 

2. Final design of the monument is subject to the approval of the 
Commission for Historical and Architectural Preservation 
(CHAP). 

3. A 4-foot wide walkway must be provided around the base of the 
monument. 

Section 2. And be it further ordained, That to become effective, 
the franchise or right granted by this Ordinance (the "Franchise") must be 



311 



ORD. 97-2 1 1 996- 1 997 SESSION 



executed and enjoyed by the Grantee within 6 months after the effective 
date of this Ordinance. 

Section 3. And be it further ordained, That as compensation for 
the Franchise, the Grantee shall pay to the Mayor and City Council of 
Baltimore a franchise charge of $ a year, subject to increase or decrease as 
provided in Section 5 of this Ordinance. The franchise charge must be paid 
annually, at least 30 days before the initial and each renewal term of the 
Franchise. 

Section 4. And be it further ordained, That: 

(a) The initial term of the Franchise is 1 year, commencing on the 
effective date of this Ordinance. Unless sooner terminated as provided in 
this Ordinance, the Franchise will automatically renew, without any action 
by either the Mayor and City Council of Baltimore or the Grantee, for 24 
consecutive 1-year renewal terms. Except as otherwise provided in this 
Ordinance, each renewal term will be on the same terms and conditions as 
the initial term. The maximum duration for which the Franchise may 
operate, including the initial and all renewal terms, is 25 years. 

(b) Either the Mayor and City Council of Baltimore, acting by and 
through the Director of Public Works, or the Grantee may cancel the 
Franchise as at the end of the initial or any renewal term by giving written 
notice of cancellation to the other at least 90 days before the end of that 
term. 

Section 5. And be it further ordained, That the Mayor and City 
Council of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the annual franchise charge by giving written notice of 
the increase or decrease to the Grantee at least 150 days before the end of 
the original or renewal term immediately preceding the renewal term to 
which the increase or decrease will first apply. The new franchise charge 
will apply to all subsequent annual renewal terms, unless again increased or 
decreased in accordance with this section. 

Section 6. And be it further ordained, That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 



312 



1 996- 1 997 Session Ord. 97-2 1 



control over and in respect to all matters connected with the Franchise and 
not inconsistent with the terms of this Ordinance. 

Section 7. And be it further ordained, That the Grantee, at its 
own cost and expense, shall maintain in good condition and in compliance 
with all applicable laws and regulations of Baltimore City, all structures for 
which the Franchise is granted. The maintenance of these structures shall 
be at all times subject to the regulation and control of the Commissioner of 
Housing and Community Development and the Director of Public Works. If 
any structure for which the Franchise is granted must be readjusted, 
relocated, protected, or supported to accommodate a public improvement, 
the Grantee shall pay all costs and expenses in connection with the 
readjustment, relocation, protection, or support. 

Section 8. And be it further ordained, That at the option of the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, the Grantee's failure to comply with any term or condition of 
this Ordinance constitutes a forfeiture of the Franchise. Immediately on 
written notice to the Grantee of the exercise of this option, the Franchise 
terminates. Once so terminated, only an ordinance of the Mayor and City 
Council of Baltimore may waive the forfeiture or otherwise reinstate the 
Franchise. 

Section 9. And be it further ordained, That at any time and 
without prior notice, the Mayor of Baltimore City may revoke the Franchise 
if, in the Mayor's judgment, the public interest, welfare, safety, or 
convenience so requires. Immediately on written notice to the Grantee of 
the exercise of this right, the Franchise terminates. 

Section 10. And be it further ordained, That on cancellation, 
expiration, forfeiture, revocation, or other termination of the Franchise for 
any reason, the Grantee shall remove all structures for which the Franchise 
is granted. The removal of these structures shall be (i) undertaken at the 
cost and expense of the Grantee, without any compensation from the Mayor 
and City Council of Baltimore, (ii) made in a manner satisfactory to the 
Commissioner of Housing and Community Development and the Director 
of Public Works, and (iii) completed within the time specified in writing by 
the Director of Public Works. 



313 



Ord. 97-2 1 1 1 996- 1 997 Session 



Section 11. And be it further ordained, That the Grantee is liable 
for and shall indemnify and save harmless the Mayor and City Council of 
Baltimore against all suits, losses, costs, claims, damages, or expenses to 
which the Mayor and City Council of Baltimore is at any time subjected on 
account of, or in any way resulting from, (i) the presence, construction, use, 
operation, maintenance, alteration, repair, location, relocation, or removal of 
any of the structures for which the Franchise is granted, or (ii) any failure of 
the Grantee, its officers, employees, or agents, to perform promptly and 
properly any duty or obligation imposed on the Grantee by this Ordinance. 

Section 12. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved November 11, 1997 

KurtL. SCHMOKE, Mayor 



City of Baltimore 

Ordinance 97-211 

Council Bill 323 

An Ordinance Concerning 

Public Nuisance Alarms 



For the purpose of prohibiting public nuisance alarms; defining certain 
terms; providing a civil penalty; authorizing the Police Commissioner to 
abate public nuisance alarms; and requiring certain procedures 
following entry and abatement. 

BY adding 

Article 1 9 - Police Ordinances 

Section(s) 28A, to be under the amended subtitle "Burglar 

Alarms" 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



314 



1 996- 1 997 Session Ord. 97-2 1 1 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — [False] Burglar Alarms 

28A. Public nuisance alarms. 

(a) Definitions. 

( 1 ) In this section the following words have the meanings 
indicated. 

(2) "Alarm system" means a burglary or robbery alarm 

SYSTEM. 

(3) "Audible alarm system" means any alarm system with an 
audible annunciator, such as a horn, bell, or siren. 

(4) "Person" includes an individual, receiver, trustee, 
guardian, executor, administrator, fiduciary, or representative of 
any kind, or any partnership, firm, association, public or private 
corporation, or any other entity. 

(5)(i) "Public nuisance alarm" means an audible alarm 

SYSTEM THAT BEGINS TO SOUND BETWEEN 10:00 P.M. AND 6:00 A.M. AND 
SOUNDS CONTINUOUSLY FOR MORE THAN TWO HOURS, OR BEGINS TO SOUND 
BETWEEN 6:00 A.M. AND 10:00 P.M. AND SOUNDS CONTINUOUSLY FOR MORE 
THAN FOUR HOURS. 

(ii) "Public nuisance alarm" does not include an audible 
alarm system installed in a motor vehicle. 

(b) Public nuisance alarm prohibited. 

a person may not allow a public nuisance alarm to be 
maintained on any property owned or occupied by that person qr-4n 
any vehicle owned or operated by that person . 



315 



Ord. 97-2 1 1 1 996- 1 997 Session 



(c) Penalty. 

A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS GUILTY OF 
A MISDEMEANOR, AND ON CONVICTION MAY BE FINED NOT LESS THAN $50 
AND NOT MORE THAN $500 FOR EACH OFFENSE. 

(d) Procedure. 

( 1 ) Whenever a public nuisance alarm exists, the Police 
Commissioner shall make a reasonable attempt to notify the 
person owning, occupying, or leasing the property or vehicle where 
the nuisance exists. if the notification attempt fails, the 
Commissioner may request from a court of appropriate jurisdiction 
an order to enter and abate the nuisance. 

(2) On issuance of the order, the Commissioner may use any 

REASONABLE MEANS AND ENLIST ANY REASONABLE ASSISTANCE TO ENTER 

the property or vehicle and silence the alarm. the commissioner 
shall take reasonable measures to secure the property or vehicle 
after entry and abatement are completed. 

(3) After entering the premises or vehicle to abate the 
nuisance, the commissioner shall leave behind, in a conspicuous 
place, a notice to the owner, occupant, or lessee advising of the 
violation of this section, the penalty, and a telephone number to 
call for further information. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 25, 1997 

Kurt L. Schmoke, Mayor 



316 



1 996- 1 997 Session Ord. 97-2 1 2 



City of Baltimore 
Ordinance 97-212 
Council Bill 97-449 

An Ordinance Concerning 

Auction Sales of Minibikes and Off-the-Road Motorcycles 

FOR the purpose of requiring that bidders at city auction sales of certain 
minibikes and off-the-road motorcycles must be licensed, bonded 
motorcycle dealers , licensed automotive dismantlers or recyclers, or 
licensed scrap processors . 

By repealing and reordaining, without amendments 
Article 3 1 - Transit and Traffic 
Section(s)97(a),(b)(l),(2) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article 3 1 - Transit and Traffic 
Section(s) 97(b)(3) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

BY adding 

Article 3 1 - Transit and Traffic 

Section(s) (b-1) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Clear Streets 



317 



Ord. 97-2 1 2 1 996- 1 997 Session 

97. Sale of [autos not claimed] unclaimed motor vehicles. 

(a) Purpose. 

It is declared to be the intent of this section that all motor vehicles 
brought to the auto pound shall be disposed of as promptly as possible and 
within a period of 45 days, unless such vehicles are needed for pending 
litigation or police action such as the investigation of accidents or suspected 
violations of the law. If such vehicles are held beyond the aforesaid 45-day 
period they may be held only under Court order, in the case of pending 
litigation, or upon written request from the Commissioner in other cases. 

(b) Auction sales; notice. 

(1) The Director shall arrange for a certain number of auction sales 
each year, which shall not be less than one sale per month. The sales shall 
be conducted through regularly licensed auctioneers of the City of 
Baltimore, selected by the Department of Finance of said City in accordance 
with the provisions of the City Charter governing retention of services, and 
under such rules, regulations and procedures as the Director shall provide. 
In advance of the periodic sales the Director shall prepare a list of motor 
vehicles proposed to be disposed of thereat. The lists shall be sent to the 
Commissioner for the Commissioner's approval, on forms prepared for the 
Director, and no motor vehicle shall be sold unless the sale has been 
approved by the Commissioner. 

(2) The Commissioner may not withhold approval of the sale unless 
the motor vehicle is involved in a police matter as aforesaid; and in such 
event the Commissioner where practicable, rather than hold the vehicle, 
shall take photographs of it or its parts and preserve written descriptions 
thereof, so that the vehicle itself may be put up for sale and disposed of as 
soon as possible following such 45-day period. 

(3) All auction sales shall be under the supervision of the 
Department of Finance and advertised in one or more newspapers of general 
circulation throughout the Baltimore metropolitan area. Except as 
provided IN SUBSECTION (B-l) OF THIS SECTION, [The] the department may 
notify junk dealers, used car dealers and spare parts dealers so as to 
endeavor to have a number of competitive bidders at each sale, it being the 



318 



1 996- 1 997 Session Ord. 97-2 1 2 



intent that every vehicle listed for sale at a given time shall be disposed of 
and removed from the auto pound, so as to prevent the storage area from 
becoming overcrowded. 

(b-l) mlnibikes and off-the-road motorcycles. 

(1) Definitions. 

(i) In this section, the following terms have the 
meanings indicated. 

(ii) "Abandoned vehicle" has the meaning stated in 
Section 25-201 (b) of the Transportation Article of the Maryland 
Code. 

(III) "Minibike" has the meaning stated in Article 19, Section 
85A(a)(4) of the Baltimore City Code. 

(IV) "Off-the-road motorcycle" has the meaning stated 
in Article 19, Section 85a(5) of the Baltimore City Code. 

(2) Bidders for minibikes and off-the-road motorcycles, 
other than abandoned vehicles, must be licensed, bonded 
motorcycle dealers . licensed automotive dismantlers or 
recyclers. or licensed scrap processors ' 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 25, 1997 

Kurt L. Schmoke, Mayor 



319 



ORD. 97-2 1 3 1 996- 1 997 SESSION 



Enrolled 



City of Baltimore 
Ordinance 97-213 
Council Bill 97-492 

An Ordinance Concerning 

Zoning — Planned Unit Development — 
Children's Hospital 

FOR the purpose of approving amendments to the Development Plan of the 
Children's Hospital Planned Unit Development; and providing for a 
special effective date. 

BY authority 

Article 30 - Zoning 

Section(s) 12.01 and 12.02 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

By Ordinance 87-1 158, the Mayor and City Council approved the 
application of W.S. Baer Corporation, through its affiliate, the Children's 
Hospital and Center for Reconstructive Surgery, Inc., to have certain 
property, located in Baltimore City, lying east of Greenspring Avenue and 
north of Druid Park Drive, consisting of approximately 40.82 acres, more or 
less, designated as a Residential Planned Unit Development and approved 
the Development Plan submitted by the applicant. 

The New Children's Hospital (formerly known as The Children's 
Hospital and Center for Reconstructive Surgery, Inc.) wishes to amend the 
Development Plan approved by Ordinance 87-1 158, in order to provide for 
the construction of new facilities. 

On May 12, 1997, representatives of the New Children's Hospital met 
with the Department of Planning for a pre-petition conference to explain the 
scope and nature of the proposed amendments to the Development Plan. 



320 



1 996- 1 997 Session Ord. 97-2 1 3 



The representatives of the New Children's Hospital have formally 
applied to the Baltimore City Council and have submitted the requisite 
amendments to the Development Plan to satisfy the requirements of Article 
30, Sections 12.0-1 and 12.0-2 of the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the amendments to 
the Development Plan submitted by the Developer, as attached to and made 
a part of this Ordinance, including Existing Conditions Map (Sheet 1, dated 
June 1997) and Proposed Conditions Map (Sheet 2, dated June 1997 and 
revised through October 2 1, 1997) , subject to the condition that, in addition 
to the modification procedures outlined in Article 30, Section 12.0 lb of the 
Baltimore City Cod e , the design of futur e structures not shown on the 
Development Plan are subject to d e sign approval by th e Planning 
Commission, following conditions: 

1 . Amendment to the Development Plan of the Children's Hospital 
Planned Unit Development shall be subject to the modification 
procedures outlined in Article 30, Section 12.0- lb of the 
Baltimore City Code; 

2. Principal uses permitted within the boundaries of the Children's 
Hospital Planned Unit Development are: hospital (hereinafter 
referred to as "Ambulatory Care"); offices — professional; 
medical and dental clinics; physical culture and health services; 
convalescent, nursing, and rest homes (hereinafter referred to as 
"Assisted Living Facility" or "Long Term Care"); housing for 
the elderly (hereinafter referred to as "Independent Living 
Facility"); residential dwelling units; and all accessory uses 
related thereto; and 

3. Accessory uses permitted within the boundaries of the 
Children's Hospital Planned Unit Development are: automated 
teller machines, dry cleaners/shoe repair, drug store or 
pharmacy, retail food shops, beauty shops, and similar personal 
service shops, primarily for the occupants of the structures 
within the boundaries of the Planned Unit Development; 
provided: (1) that such use shall be conducted entirely within a 
structure and the entrance thereto shall be located inside the 



321 



ORD. 97-2 1 3 1 996- 1 997 SESSION 



structure; (2) that no exterior advertising sign shall be allowed 
except one non-illuminated or indirectly illuminated 
identification sign limited to the name or description of each 
such use and not to exceed 3 square feet in area and not to 
project more than 8 inches from the structure; and (3) that such 
uses in the aggregate shall not exceed 7% of the gross floor area 
of the structures within the Planned Unit Development. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying amended Development Plan and in order 
to give notice to the agencies that administer the City Zoning Ordinance: (i) 
when the City Council passes this Ordinance, the President of the City 
Council shall sign the amended Development Plan; (ii) when the Mayor 
approves this Ordinance, the Mayor shall sign the amended Development 
Plan; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the amended Development Plan to the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Section 3. And be it further ordained, That after the enactment of 
this Ordinance, all changes in the Development Plan the Planning 
Department shall determine if a change in the Development Plan is a major 
or minor amendment to the Development Plan. All changes in the 
Development Plan determined to he a minor amendment must be reviewed 
and approved by the Planning Commission to ensure that they are consistent 
with this Ordinance. 

Section 4. And be it further ordained. That after the enactment 
of this Ordinance, all final design plans for the construction of the proposed 
structures and building additions must be reviewed and approved by the 
Planning Commission to ensure that they are consistent with this Ordinance. 

Section 45. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved November 25, 1997 



Kurt L. Schmoke, Mayor 



322 



1996-1997 Session Res. 96-05 



City of Baltimore 

Resolution 96-05 

Council Bill 249 

A Resolution of the Mayor and City Council Concerning 

Downtown Management District and 
Downtown Management Authority 

FOR the purpose of renewing and continuing the Downtown Management 
District and Downtown Management Authority, subject to certain 
conditions, for an additional 5 years; generally relating to the activities 
and authority of the Downtown Management District and Downtown 
Management Authority; and providing for a special effective date. 

Recitals 

Ordinance 57, approved June 29, 1992, authorized the creation of the 
Downtown Management District (the "District") and the Downtown 
Management Authority (the "Authority"), subject to certain terms and 
conditions (the "Enabling Ordinance"). The Enabling Ordinance was 
enacted June 29, 1992, and became effective July 1, 1992. 

Section 12(a) of the Enabling Ordinance provides that, no sooner than 
4 years and no later than 5 years from passage of the Enabling Ordinance, 
the City Council shall hold a public hearing to evaluate the activities and 
undertakings of the Authority and the District. 

Section 12(a) further provides that, at the conclusion of the hearing, the 
City Council shall use the procedures described in Section 1 1 of the 
Enabling Ordinance (the "Renewal Process") to determine whether 
opposition to continuation of the District exists in excess of "Base Level 
Protests", as defined in the Enabling Ordinance. 

The City Council has held the hearing required by Section 12(a) of the 
Enabling Ordinance. The City Council finds that, since its establishment, 
the Authority has initiated and carried out numerous activities and 
undertakings in support of the objective of the Enabling Ordinance, 
including the implementation of public safety, clean-up, maintenance, 



323 



Res. 96-06 1996-1997 Session 



beautification, and marketing activities and programs, such as the Safety 
Guide Program, the Clean Sweep Ambassador Program, and the "See Ya 
'Round Downtown" and "Really Big Show" advertising and marketing 
campaigns, all of which support the redevelopment of Downtown and 
address problems facing the Central Business District. 

Having evaluated the activities and undertakings of the Authority and 
the District, the City Council believes that the renewal and continuation of 
the District and the Authority is in the best interests of the City of 
Baltimore. 

Section 1. Be it resolved by the Mayor and City Council of 
Baltimore, That, subject to the Renewal Process described in Section 2 of 
this Resolution, the District and the Authority are renewed and continued 
for an additional 5 years from July 1, 1997. However, the Authority may 
not impose any taxes or charges, other than those in effect on the date of the 
enactment of this Ordinance, until the Renewal Process is completed and 
certified by the Board of Estimates. 

Section 2. And be it further resolved, That the Board of 
Estimates shall use the procedures described in Section 1 1 of the Enabling 
Ordinance to determine whether opposition to continuation of the District 
exists in excess of Base Level Protests. If this excess opposition exists, the 
Board of Estimates shall then conduct a referendum, comparable to that 
described in Section 1 1 of the Enabling Ordinance, to determine whether 
the District should be renewed and continued for another 5 years. 

Section 3. And be it further resolved, That this Resolution takes 
effect on the date it is enacted. 

Approved December 10, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Resolution 96-06 

Council Bill 294 



A Resolution of the Mayor and City Council Concerning 

324 



1 996- 1 997 Session Res. 96-07 



Ceremonial Street Name Change — Honoring 
The Honorable Clarence "Du" Burns 

FOR the purpose of ceremoniously changing the name of the 2600 block 
through the 2700 block of Mura Street to Clarence "Du" Burns Lane. 

Be it resolved by the Mayor and City Council of Baltimore, 

That in recognition of the Honorable Clarence "Du" Burns, the name of the 
2600 block through the 2700 block of Mura Street is ceremoniously 
changed to Clarence "Du" Burns Lane. 

And be IT further resolved, That a copy of this Resolution be sent 
to the Honorable Clarence "Du" Burns. 

Approved December 12, 1996 

KURT L. Schmoke, Mayor 



City of Baltimore 

Resolution 96-07 

Council Bill 16 



A Resolution of the Mayor and City Council Concerning 

Nutritional Education — Baltimore City Public Schools 

FOR the purpose of urging the City Council to hold hearings to review 
research on the importance of proper nutrition in achieving scholastic 
excellence and maintaining behavioral control and to study the 
feasibility of adopting a syst e m community -wide program for educating 
parents and children concerning the positive impact of a balanced daily 
diet. 

Whereas, Studies done in 1991 have shown that 61,000 Maryland 
children under 12 regularly go hungry, an additional 65,000 under 12 are at 
risk of hunger, and, nationally, an estimated one in eight children under 12 
is hungry, while one in four is at risk of hunger; and 



325 



Res. 96-07 1 996- 1 997 Session 



Whereas, In Baltimore City a significant number of children go to 
school without eating breakfast or arrive at school with only a candybar or 
soda in their stomachs after having partaken of a nutritionally inadequate 
meal the night before; and 

Whereas, Recent research provides conclusive evidence that poor 
nutrition can have detrimental effects on the cognitive development of 
children and their later productivity as adults; and 

WHEREAS, Nutritional deficiencies of a relatively short-term nature 
influence children's behavior, ability to concentrate, and to perform complex 
tasks; and 

Whereas, Lack of a balanced diet, along with environmental factors 
associated with low income and poverty such as iron-deficiency anemia, can 
permanently retard growth and affect brain development and cognitive 
functioning; and 

Whereas, Improved nutrition and environmental conditions can 
modify the effects of poor nutrition experienced during early childhood 
years; and 

Whereas, Children in Baltimore City are likely to be subject to many 
of the factors associated with inadequate nutrition; and 

Whereas, It is the responsibility of adults to ensure that children 
receive proper nutritional guidance; and 

Whereas, The Baltimore City Public Schools have not adopted a 
systemwide program for educating adults and their children on the vital 
importance of a balanced diet; now, therefore, be it 

Resolved by the Mayor and City Council of Baltimore, That 
the City Council shall hold hearings to review research on the importance of 
proper nutrition in achieving scholastic excellence and maintaining 
behavioral control; and to study the feasibility of adopting a syst e m 
community -wide program for educating parents and children concerning the 
positive impact of a balanced daily diet; and be it further 



326 



1 996- 1 997 Session Res. 96-08 



Resolved. That copies of this resolution be sent to the Superintendent 
of Baltimore City Public Schools, the Commissioner of the Baltimore City 
Health Department, the Director of the Office of Children and Youth, and 
the Director of the Maryland Food Committee. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Resolution 96-08 

Council Bill 263 



A Resolution of the Mayor and City Council Concerning 

Health Department — Ombudsman Ombudsperson Program — 
Medicaid Provider 

FOR the purpose of authorizing the Baltimore City Health Department to 
operate the Ombudsman Ombudsperson Program for Baltimore City 
and, at the same time, to contract as a managed care organization 
subcontractor under certain conditions; and providing for a special 
effective date. 

Recitals 

The Baltimore City Health Department has agreed to maintain and 
operate an Ombudsman Ombudsperson Program for the purposes defined in 
the Health General Article, § 15-101(g)(f) and for all other lawful purposes 
delegated by the Department of Health and Mental Hygiene to the 
Baltimore City Health Department. 

The Baltimore City Health Department would like simultaneously to 
provide certain health care services, as a subcontractor for participating 
managed care organizations, to Medicaid recipients. 

The Baltimore City Health Department has asked the Mayor and City 
Council of Baltimore City, as required by the Health General Article. § 15- 
103(b)(4£) (14) (iii), for permission to operate an Ombudsman 



327 



Res. 97-09 1 996- 1 997 Session 

Ombudsperson Program and to provide services under a managed care 
organization subcontract. 

Section 1. Be it Resolved by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore City authorizes 
the Baltimore City Health Department to operate the Ombudsman 
Ombudsperson Program for Baltimore City and to contract as a managed 
care organization subcontractor under the following conditions: 

1 . The Baltimore City Health Department may not subcontract the 
Ombudsman Ombudsperson Program. 

2. The Baltimore City Health Department will comply with all rules 
and regulations of the Maryland Department of Health and 
Mental Hygiene and of the Mayor and City Council governing 
conflicts of interest. 

Section 2. And Be it Further Resolved, That this Resolution takes 
effect on the date it is enacted. 

Approved December 16, 1996 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Resolution 97-09 

Council Bill 250 



A Resolution of the Mayor and City Council Concerning 

Dr. Samuel L. Banks 

FOR the purpose of honoring the memory of Dr. Samuel L. Banks, former 
Director, Department of Compensatory and Funded Programs, 
Baltimore City Public Schools. 

Whereas, Dr. Banks received both his graduate and undergraduate 
degrees from Howard University; his doctorate in educational 



328 



1996-1997 Session Res. 97-09 



administration with "high distinction" from George Washington University; 
and was chosen for post-doctoral study at Harvard University as a National 
Endowment for the Humanities Fellow; and 

Whereas, He was well known throughout the nation for his writings, 
his leadership in Afrocentric education and curriculum reform, and in 
recognition of his extensive contributions to the scholastic body of works in 
history and social science, he was named a member of the National 
Commission of History Standards; and 

Whereas, In the early 1970s he developed and implemented multi- 
racial and multi-cultural curriculums for grades K through 1 2 in the 
Baltimore City Public School System, which have become national models 
and are part of the national educational Retrieval Information Center; and 

Whereas, Dr. Banks was widely respected for his learned 
contributions, and, a gentleman of endearing character, he was never one to 
extirpate grandiloquent expressions, delighting rather in adumbrating his 
phrases with unusual and sometimes arcane words that lent his expressions 
a peculiar dignity and sly humor; and 

Whereas, Scholarships to Howard University, Mount Washington 
Pediatric Health System, Inc. and Walker Memorial Educational 
Scholarship have been established in his name, and the 104th Congress of 
the United States paid tribute to Dr. Banks with remarks by Senator Paul 
Sarbanes that are journalized in the Congressional Record; and 

Whereas, The citizens of Baltimore City and his colleagues in the 
Baltimore City Department of Education wish to pay respect to the memory 
to this one man, small of stature, who made a giant difference to the lives of 
many; 

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY 

Council of Baltimore, That the City of Baltimore honors the memory 
and mourns the loss of Dr. Samuel L. Banks, former Director, Department 
of Compensatory and Funded Programs, Baltimore City Public Schools. 

And BE it further resolved, That a copy of this Resolution be sent 
to the beloved family of Dr. Samuel L. Banks. 



329 



Res. 97-09 1 996- 1 997 Session 



Approved March 12, 1997 

KURTL. SCHMOKE, Mayor 



330 



Index 

Ordinance Page 



Alarms - 

Burglar alarms 97-21 1 314 

Public nuisance alarms 97-21 1 314 

Amusement devices, coin operated - 

Licenses; fees 97-207 277 

Annapolis Road (3400-3448) - Pawnshop 96-1 14 39 

Antique dealers - 

See Dealers in second-hand personal property, 
antiques, and consignment goods 

Appropriations, supplementary - 

Art and Culture - 

Program 493 - $369,265 97-203 259 

Baltimore City Public Schools - 

Program 767 - $3,033,625 97-190 243 

Program 783 - $2,096,375 97-191 244 

Educational Grants - 

Program 446 - $66,360 97-194 248 

Health Department - 

Account #9926-3 12-004 - $13,018 97-197 252 

Account #9926-3 12-007 - $98,513 97-198 253 

Account #9926-312-008 - $30,000 97-196 250 

Program 303 - $ 916,629 96-107 29 

Program 303 - $3,000,000 96-1 10 33 

Program 303 - $2,000,000 96-1 12 36 

Program 304 - $1,566,504 96-100 19 

Program 304 - $2,861,970 96-101 21 

Program 304 - $ 523,922 96-102 22 

Program 304 - $ 370,561 96-103 23 

Program 304 - $ 32,723 96-104 25 

Program 304 - $ 85,815 96-105 26 

Program 304 - $ 437,424 96-106 28 

Program 304 - $ 392,031 96-1 11 34 



331 



1996-1997 Session 

Ordinance Page 

Program 305 - $3,700,000 96-109 32 

Program 307 - $1,735,593 96-108 30 

Housing and Community Development - 

Program 592 - $3,000,000 97-138 88 

Program 603 - $1,000,000 97-142 97 

Program 991 1-588-826 - $750,000 97-195 249 

Mayoralty - 

Program 350 - $ 1 10,000 97-200 256 

Program 350 - $ 47,706 97-201 257 

Program 350 - $1,135,108 97-205 262 

Mayoralty-Related - 

Program 122 - $3,300,000 97-157 123 

Program 122 - $2,000,000 97-182 232 

Program 122 - $ 600,000 97-199 254 

Program 351 - $2,900,000 97-158 125 

Mayoralty Related - Mayor's Coordinating 
Council of Criminal Justice - 

Program 224 - $ 240,000 97-1 17 52 

Program 224 - $ 400,000 97-120 56 

Program 224 - $5,196,01 1 97-121 57 

Museum of Art - 

Program 489 - $125,000 97-204 261 

Police Department - 

Program 200 - $194,552 ' 97-124 62 

Program 201 - $580,034 97-122 59 

Program 201 - $303,024 97-160 128 

Program 202 - $ 4,600 97-125 63 

Program 204 - $349,787 97-123 60 

Public Works, Department of - 

Program 193 - $1,700,000 96-1 13 37 

Program 193 - $2,753,000 97-193 247 

Program 513 - $2,365,000 97-192 245 

Recreation and Parks, Department of - 

Program 478 - $ 700,000 97-159 126 

Program 480 - $1,905,735 97-202 258 



332 



1996-1997 Session 

Ordinance Page 

Appropriations, transfer - 

Convention Center Bond Redemption Fund to 
General Fund (Conditional Purchase 

Agreements) - $2,353,080 97-151 114 

Mayor's Office Construction Program Project - 
Constellation Restoration to Fire Department 
Construction Program Project - Communication 
System Modernization - $3,000,000 97-1 18 53 

Auction sales - 

Minibikes and off-the-road motorcycles 97-212 317 



B 

Baltimore City Code - Additions - 

Article 5, § 2A 97-144 102 

Article 9 97-155 119 

Article 1 1, §§ 165(a)2a, 12 97-147 107 

Article 11, §§ 165(a)2a, (b-1) 97-171 178 

Article 19, § 28A 97-21 1 314 

Article 19, § 198B 97-133 75 

Article 19, §§ 48C, 48D, 48E, 48F, 48G, 48H, 

48J, 48K, 48L ". 97-206 263 

Article 22, §§ 34(s) and 34(j) 97-164 139 

Article 22, §§ 3(b), 9(a)(la), (lb), and (lc), 

17(a)(3) and (4), 22(q), 46, 47, and 48 97-168 155 

Article 30, §§ 6.3-lc-13, 6.3-lc-14, 7.1-lc-l la, 

9.0-3, 11.0-3c-4, 13.0-2-69c-l, 13.0-2-69c-2 . . . 97-143 98 

Article 30, § 10.0-2a-5 97-131 72 

Article 31, § 97(b-l) 97-212 317 

Article 31, §§ 160-166 97-169 174 

Article 31, § 161 97-163 137 

Article 32 97-162 133 

Baltimore City Code - Amendments - 

Article 1, § 244 97-141 92 

Article 11, §§ 165(b), (f) 97-171 178 



333 



1996-1997 Session 

Ordinance Page 

Article 11, § 165(d)(1) 97-147 107 

Article 15, § 91(a)(1) 97-207 277 

Article 19, §§ 48A through 48C 97-206 263 

Article 19, §§ 65(a), (d), and (f) 97-167 153 

Article 19, § 145(i)(l) 97-155 119 

Article 22, §§ 36BQ) and (n) 97-164 139 

Article 22, §§ 3(a), 9(a)(1), 9(c)(4)(e), 19(b), 

(19(c), 31(1), and 36A(a) 97-168 155 

Article 30, §§ 10.0-2b-l, 10.0-2b-la 97-131 72 

Article 30, Sheets 13, 14, 23, and 24 97-186 237 

Article 30, Sheet 22 97-185 236 

Article 30, Sheet 55 97-135 81 

Article 30, Sheet 56 97-184 235 

Article 30, Sheet 57 96-094 11 

Article 30, Sheet 66 96-095 12 

Article 30, Sheet 73 97-150 112 

Article 31, §§ 67A and 152 (m) 97-163 137 

Article 31, § 97(b)(3) 97-212 317 

Article 31, § 157 97-129 70 

Baltimore City Code - Repeals - 

Article 9 (As adopted by Ord. 95-458) 97-155 119 

Article 22, § 35(b) 97-164 139 

Article 30, § 6.3-lb-2 ". 97-143 98 

Article 32 (As adopted by Ord. 95-465) 97-162 133 

Baltimore City Recognized Heritage Area 97-126 64 

Baltimore Street (E 1027, 1029, and 1031-1043) - 
Home for homeless persons 97-166 152 

Bonds, Industrial Development Revenue Refunding - 

Garamond/Pridemark Press, Inc. Project 96-1 15 40 

Boyle Street (1500-1552) - Zoning change 96-095 12 

Budget for Baltimore City - 
See Ordinance of Estimates 



334 



1996-1997 Session 

Ordinance Page 

Building Code of Baltimore City 97-162 133 

Burglar alarms 97-21 1 314 



Callaway Avenue (northeast side south of 

Coldspring Lane) and Dolfield Avenue (3575) - 

Zoning change 97-185 236 

Central Avenue (N 1501) and 

Harford Road (1520) - Drive-in pharmacy 97-154 117 

Ceremonial street name change - 

Honoring the Honorable Clarence "Du" Burns . . . Res. 96-06 324 

Children's Hospital - Planned Unit Development . . . 97-213 320 

City property sale - 
See Property sale 

City-owned real property inventory 97-144 102 

Clifton Avenue (3500-3502) - Home and 
transitional housing facility for homeless 
persons 97-208 279 

Coin operated amusement devices license fee 97-207 277 

Coldspring - Amendment 9 - Urban Renewal 97-175 186 

Cold Spring Lane, Callaway, Dolfield, and 

Belle Avenues - Planned Unit Development 97-187 238 

Cold Spring Lane (W 2201 and 2221) - 

Zoning change 97-186 237 



335 



1996-1997 Session 

Ordinance Page 

Commission for Historical and Architectural 
Preservation - 

Baltimore City Recognized Heritage Area 97-126 64 

Mill Hill Deck of Cards Block Historical and 
Architectural Preservation District 97-128 68 

Comptroller - 

Inventory of City-owned real property 97-144 102 

Consignment goods - 

See Dealers in second-hand personal property, 
antiques, and consignment goods 

Cruising - 

Definitions, District boundaries, penalties, 

and prohibited conduct 97-169 174 



D 

Dealers in second-hand personal property, 

antiques, and consignment goods 97-206 263 

Disabilities, Mayor's Commission on - 

Members, associates, general provisions 97-141 92 

Disabled persons - 

Criteria for obtaining a reserved parking space . . . 97-129 70 

Reserved parking for disabled persons in 

parking facilities 97-163 137 

Dolfield Avenue (3575) and Callaway Avenue 
(northeast side south of Cold Spring Lane) - 
Zoning change 97-185 236 



336 



1996-1997 Session 

Ordinance Page 

Downtown Management District and 
Downtown Management Authority - 

Amending Ordinance 92-057 96-093 4 

Renewing and continuing the Authority Res. 96-05 323 

Dr. Samuel L. Banks Res. 97-09 328 

Dr. Samuel L. Banks Professional Development 

Center - Naming City property 97- 1 1 6 51 

Drive-in pharmacy - 

Central Avenue (N 1501) and 

Harford Road (1520) 97-154 117 

Potee Street (3645) 97-173 184 

Drive-in restaurant - 

Patapsco Avenue (W 101) 97-149 Ill 

Drug abuse rehabilitation and treatment center - 

Glen wood Avenue (508, 512, 514, and 516-524) . 96-099 18 

North Avenue (E 2401) 97-1 19 55 



E 

Eastern Avenue (2413) - Zoning change 96-094 11 

Eastern Avenue (3401) - Street encroachment 97-188 241 

Elected Officials' Retirement System - 
See under Retirement Systems 

Employees' Retirement System - 
See under Retirement Systems 

Eric Schaefer Memorial Diamond - 

Naming City property 97-180 230 



337 



1996-1997 Session 

Ordinance Page 

Eutaw Street (N 824-826 and 832) - 

Nursing home 97-177 191 

Exeter Street (S 509-521) - Zoning change 97-184 235 

F 

Fayette Street (E 215) - Parking lot 97-140 90 

Fayette Street (E 1248-1254) and High Alley 

(1243 and 1245) - Property sale 97-181 231 

Finance Director - 

Inventory of City-owned real property 97-144 102 

Food Service Facility/Wholesaler's Permit 97-147 107 

Food Service Manager's Certificate 97-171 178 

Fort Avenue (E 729, 737-745, and 801-821/23) - 

Zoning change 96-095 12 

Fire and Police Employees' Retirement System - 
See under Retirement Systems 

Fire Prevention Code of Baltimore City 97-155 119 

Franchise - 

Jose Marti Monument 97-210 311 

Storm drain under 1 300 block of South Haven 

Street 97-134 77 

Trash compactor structure on south side of 

300 block of East Pratt Street 97-136 82 

Frankford Avenue (5009) - Nursing home 97-176 190 



338 



1996-1997 Session 

Ordinance Page 

G 

Garamond/Pridemark Press, Inc. Project - 
Industrial Development Revenue Refunding 

Bonds 96-1 15 40 

George Street (404, 405, 406, 407, 408, 409, 410, 
411, and 412) -Zoning change 97-135 81 

Glenwood Avenue (508, 512, 514, and 516-524) - 

Drug abuse rehabilitation and treatment center . . . 96-099 18 

Gwynns Falls Parkway (1721) - Nursing home 97-165 150 



H 

Health Department - Ombudsperson Program - 

Medicaid Provider Res. 96-08 327 

Herbert "Buck" Gough, Jr. , Baseball Diamond - 

Naming City property 97-156 123 

High Alley (1243 and 1245) and Fayette Street 

(E 1248-1254) - Property sale 97-181 231 

Highlandtown Business Area - Amendment 1 - 

Urban Renewal 97-209 280 

Historic Restoration and Rehabilitation Property 

Tax credit 97-183 233 

Historical and Architectural Preservation District - 

Mill Hill Deck of Cards Block 97-128 68 



339 



1996-1997 Session 

Ordinance Page 

Home and transitional housing facility for 
homeless persons - 

Clifton Avenue (3500-3502) 97-208 279 

Home for homeless persons - 

Baltimore Street (E 1027, 1029, and 1031-1043) .. 97-166 152 

Housing for the elderly - 
Walker Avenue (711) 97-146 105 



I 

Imla Street - Streets - Close 97-137 85 

Incinerator, Medical Waste - 

Amending Ordinances 89-323 and 93-224 to 

modify certain geographical restrictions 97-127 65 

Industrial Development Revenue Refunding Bonds - 

Garamond/Pridemark Press, Inc. Project 96-1 15 40 

Inner Harbor East - Amendment 6 - 

Urban Renewal ". 97-161 129 

Inventory of City-owned real property 97-144 102 



Jasper Street (603, 605, 607, 609, 611, 613, 617, 
619, 621, 623, 625, 627, and 629) - 
Zoning change 97-135 81 

Jose Marti Monument - Franchise 97-210 311 



340 



1996-1997 Session 

Ordinance Page 
K 
Keyworth Avenue (2610) - Property sale 96-098 17 

L 

Leon Day Park - Naming City property 97-139 89 

Leslie Street Development (1500 block) - 

Street encroachment 97-189 242 

Lexington Street (W 754-758) - Property sale 97-152 115 

Licenses - 

Coin operated amusement devices license fee .... 97-207 277 

Lighthouse Point - Planned Unit Development 96-096 13 



M 

Mayor's Commission on Disabilities - 

Members, associates, general provisions .". 97-141 92 

Medical Waste Incinerator - 

Amending Ordinances 89-323 and 93-224 to 

modify certain geographical restrictions 97-127 65 

Meeting and banquet hall - 

Yale Avenue (801 and a portion of 825) 97-172 182 

Metropolitan District Extension - 

Eleventh Election District of Baltimore County, 

Red Run Boulevard, Ext. 131 97-170 177 

4C3 Election District of Baltimore County, 
Westminster Pike and Mitchell Drive, 
Ext. 132 97-174 185 



341 



1996-1997 Session 

Ordinance Page 

Mill Hill Deck of Cards Block Historical and 

Architectural Preservation District 97-128 68 

Minibikes and off-the-road motorcycles - 

Auction sales 97-212 317 

Minimum Wage 97-167 153 

Motorcycles - 

Auction sales 97-212 317 



N 

Naming City property - 

Baseball Diamond #6, in Patterson Park, to be 
the Herbert "Buck" Gough, Jr., Baseball 

Diamond 97-156 123 

Bloomingdale Oval Park to be Leon Day Park 97-139 89 

Diamond No. 3, in Herring Run Park, to be 

Eric Schaefer Memorial Diamond 97-180 230 

Professional Development Center (2500 

E. Northern Parkway) to be the Dr. Samuel L. 

Banks Professional Development Center 97-1 16 51 

Playfield No. 3, 5610 Radecke Avenue, to be 

Ralph Sears Field 97-132 75 

No-Cruising District designated 97-169 174 

North Avenue (E 2401) - Drug abuse 

rehabilitation and treatment center 97-1 19 55 

Northern Parkway (E 3008) - Parking lot 97-148 109 

Nursing home - 

Eutaw Street (N 824-826 and 832) 97-177 191 

Frankford Avenue (5009) 97-176 190 



342 



1996-1997 Session 

Ordinance Page 

Gwynns Falls Parkway (1721) 97-165 150 

Strathmore Avenue (E 2901) 97-153 116 

Nutrition Education - Baltimore City Public 

Schools Res. 96-07 325 

O 

Ordinance of Estimates for Fiscal Year 1998 97-178 193 

P 

Paca Street (N 301-315) - Parking lot 96-097 15 

Parking facilities - 

Designated spaces for disabled persons 97-163 137 

Parking and stopping fines 97-163 137 

Towing contracts required 97-163 137 

Parking lot - 

Fayette Street (E 215) 97-140 90 

Northern Parkway (E 3008) ". 97-148 109 

Paca Street (N 301-315) 96-097 15 

Pratt Street (E 300) 97-130 71 

Parking reserved - 

Reserved parking for disabled persons 97-129 70 

Patapsco Avenue (W 101) - Drive-in restaurant 97-149 Ill 

Patapsco Avenue (W 2801) - Zoning change 97-150 112 

Pawnshop - 

Annapolis Road (3400-3448) 96-1 14 39 

Pratt Street (W 2105-2107) 97-145 103 



343 



1996-1997 Session 

Ordinance Page 

Permit - 
Food Service Facility/Wholesaler's Permit 97-147 107 

Planned Unit Development - 

See Zoning - Planned Unit Development 

Potee Street (3645) - Drive-in pharmacy 97-173 184 

Pratt Street (E 300) - Parking lot 97-130 71 

Pratt Street (W 2105-2107) - Pawnshop 97-145 103 

Preakness Stakes - Ticket sales 97-133 75 

Property owned by Baltimore City - 
Inventory of City-owned real property 97-144 102 

Property sale - 

Fayette Street (E 1248-1254) and High Alley 

(1243 and 1245) 97-181 231 

High Alley (1243 and 1245) and Fayette Street 

(E 1248-1254) 97-181 231 

Keyworth Avenue (2610) 96-098 17 

Lexington Street (W 754-758) ". 97-152 115 

Property tax credit - 

Historic Restoration and Rehabilitation 97-183 233 

Property tax rate for Fiscal Year 1998 97-179 229 

Public nuisance alarms 97-21 1 314 

R 

Ralph Sears Field - Naming City property 97-132 75 



344 



1996-1997 Session 

Ordinance Page 

Recreational facilities, indoor and outdoor, in 

certain Zoning Districts - Zoning Code 97-143 98 

Renaming City property - 
See Naming City property 

Reserved parking - 
See Parking reserved 

Resolutions of the Mayor and City Council - 
Ceremonial Street Name Change - Honoring 

The Honorable Clarence "Du" Burns Res. 96-06 324 

Downtown Management District and 

Downtown Management Authority Res. 96-05 323 

Dr. Samuel L. Banks Res. 97-09 328 

Health Department - Ombudsperson Program - 

Medicaid Provider Res. 96-08 327 

Nutrition Education - Baltimore City Public 

Schools Res. 96-07 325 

Retirement Systems - 

Elected Officials' Retirement System - 

Membership provisions 97-168 155 

Employees' Retirement System - 

Membership provisions 97-168 155 

Fire and Police Employees' Retirement System - 

Benefit increases 97-164 139 

Membership provisions 97-168 155 

Rezoning - 

See Zoning change 



Second-hand personal property, antiques, and 
consignment goods dealers 97-206 263 



345 



1996-1997 Session 

Ordinance Page 

Signs in Residence and Office-Residence Districts 

for real estate sales and leases - Zoning Code .... 97-131 72 

Storm drain under the 1 300 block of South Haven 

Street - Franchise 97-134 77 

Strathmore Avenue (E 2901) - Nursing home 97-153 116 

Street encroachment - 

Eastern Avenue (3401) 97-188 241 

Leslie Street Development (1500 block) 97-189 242 

Streets - Close - 
Imla Street 97-137 85 



Tax credit - 

Historic Restoration and Rehabilitation 

Property Tax Credit 97-183 233 

Tax - 

Property tax rate for Fiscal Year 1998 . . .". 97-179 229 

Ticket sales - Preakness Stakes 97-133 75 

Transit and traffic - 

Designated spaces for disabled persons in 

parking facilities 97-163 137 

No-Cruising District 97-169 174 

Reserved parking for disabled persons 97-129 70 

Trash compactor structure on south side of 

300 block of East Pratt Street - Franchise 97-136 82 



346 



1996-1997 Session 

Ordinance Page 

U 

Urban Renewal - 

Coldspring - Amendment 9 97-175 186 

Highlandtown Business Area - Amendment 1 . . . . 97-209 280 

Inner Harbor East - Amendment 6 97-161 129 

W 

Wage Law amendments 97-167 153 

Walker Avenue (71 1) - Housing for the elderly 97-146 105 

Wyndholme Village - Planned Unit Development . . . 96-092 1 



Yale Avenue (801 and a portion of 825) - 

Meeting and banquet hall 97-172 182 



Zoning change - 

Boyle Street (1500-1552) 96-095 12 

Callaway Avenue (northeast side south of 

Cold Spring Lane and 

Dolfield Avenue (3575) 97-185 236 

Cold Spring Lane (W 2201 and 2221) 97-186 237 

Dolfield Avenue (3575) and Callaway Avenue 

(northeast side south of Cold Spring Lane) 97-185 236 

Eastern Avenue (2413) 96-094 11 

Exeter Street (S 509-521) 97-184 235 

Fort Avenue (E 729, 737-745, and 801-821/23 . . . 96-095 12 

George Street (404, 405, 406, 407, 408, 409, 

410, 411, and 412) 97-135 81 



347 



1996-1997 Session 

Ordinance Page 

Jasper Street (603, 605, 607, 609, 61 1, 613, 

617, 619, 621, 623, 625, 627, and 629) 97-135 81 

Patapsco Avenue (W 2801) 97-150 112 

Zoning Code - 

Recreational facilities, indoor and outdoor, in 

certain Zoning Districts 97-143 98 

Signs in Residence and Office-Residence Districts 

for real estate sales or leases 97-131 72 

Zoning - Planned Unit Development - 

Children's Hospital 97-213 320 

Cold Spring Lane, Callaway, Dolfield, and 

Belle Avenues 97-187 238 

Lighthouse Point 96-096 13 

Wyndholme Village 96-092 1 



348 



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